Ingram, Kennedy & Day v. C. D. & M. R. R.
Supreme Court of Iowa
Appeal from Dubuque District Court. In October, 1872, tbe plaintiffs filed their petition containing two counts, as follows: “ First count avers that the town, now city of Dubuque, was, by the proper authorities of the United States, laid off on the west bank of the slough of the Mississippi river, under the Act of Congress passed July 2d, 1836, and the Act amendatory thereto passed March 3d, 1837, into lots, streets and public squares, with a quantity of land one hundred…
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Appeal from Dubuque District Court. In October, 1872, tbe plaintiffs filed their petition containing two counts, as follows: “ First count avers that the town, now city of Dubuque, was, by the proper authorities of the United States, laid off on the west bank of the slough of the Mississippi river, under the Act of Congress passed July 2d, 1836, and the Act amendatory thereto passed March 3d, 1837, into lots, streets and public squares, with a quantity of land one hundred feet wide, on the bank of said slough, and between said town and said slough, set apart and dedicated, a public highway…
1Opinion of the Court
Miller, Oh. J.
— I. On the trial of the cati.se the court, at the request of plaintiffs, gave to the jury the following instruction:
“ The defendant had no right to lay down its track on Front street in front of plaintiffs’ lot, on a different line, or in a greater number than was authorized by the ordinances of the city. If you find from the evidence that the defendant has laid down more tracks, and on a different line than .was authorized hy the ordinance which thereby unnecessarily and unreasonably interfere with the use of said street by the plaintiffs, as a public street, your verdict…
2Cases cited4 opinions
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
- Cook v. City of BurlingtonSupreme Court of Iowa · 1873
3Cited by18 opinions
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Hollenbeck v. City of MarionSupreme Court of Iowa · 1902
- Kucheman v. C., C. & D. R'y Co.Supreme Court of Iowa · 1877
- Kansas, Nebraska & Dakota Railway Co. v. CuykendallSupreme Court of Kansas · 1889
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