Gates v. Colfax Northern Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — John F. Talbott, Judge. Action in equity. Plaintiff, about December 11th, 1913, requested defendants to compensate plaintiff for damages, as plaintiff alleges, because of defendants’ appropriation for railroad purposes, in the transportation of their coal, of a right of way through lands of which plaintiff claimed to be the owner. . Snch compensation not being made, plaintiff alleges that he, on January 10, 1914, made application to the…
Read the full summary
Appeal from Jasper District Court. — John F. Talbott, Judge. Action in equity. Plaintiff, about December 11th, 1913, requested defendants to compensate plaintiff for damages, as plaintiff alleges, because of defendants’ appropriation for railroad purposes, in the transportation of their coal, of a right of way through lands of which plaintiff claimed to be the owner. . Snch compensation not being made, plaintiff alleges that he, on January 10, 1914, made application to the ■sheriff of Jasper County for the appointment of commissioners to assess his resulting damages, and that, on January 21,…
1Opinion of the CourtPreston, J.
The issues were substantially these:
In his petition, plaintiff alleges he is the owner in fee simple of the southwest quarter and the north half of the southeast quarter of Section 11, Township 79 north, Range 21 west- of the 5th P. M.; that defendants constructed and are maintaining and operating a railroad line over said premises, solely for the transportation of defendants’ coal, without plaintiff’s consent and without payment or compensation for damages; that the proceedings ended with the filing by commissioners of an award of' damages, as above described; and that defendants have wholly…
2Cases cited30 opinions
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Smith v. HallSupreme Court of Iowa · 1897
- Daniels v. C., I & N. R.Supreme Court of Iowa · 1875
25 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scott v. City of Sioux CitySupreme Court of Iowa · 1988
- Maxwell v. HamelNebraska Supreme Court · 1940
- Young v. DucilSupreme Court of Iowa · 1920
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. CrossSupreme Court of Iowa · 1931