Morgan v. Des Moines Union Railway Co.
Supreme Court of Iowa
Appeal from Polh District Court. — IIon. -Thomas F. Stevenson, Judge Action in equity to abate a nuisance caused, as alleged, by the construction and maintenance of the tracks of defendant railway, and by the operation of trains thereon, and by permitting cars to stand upon its said tracks so as to obstruct access to plaintiff’s property.
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Appeal from Polh District Court. — IIon. -Thomas F. Stevenson, Judge Action in equity to abate a nuisance caused, as alleged, by the construction and maintenance of the tracks of defendant railway, and by the operation of trains thereon, and by permitting cars to stand upon its said tracks so as to obstruct access to plaintiff’s property. The trial court granted some slight relief to plaintiff, which is not complained of by defendants; but, in the main, judgment went against plaintiff, and he appeals.
1Opinion of the CourtWaterman, J.
Plaintiff is the owner of a lot in defendant city, upon which stands a large, brick building that is used as a hotel. This building fronts east upon Fourth street, which runs north and south, with a slight descending grade, towai’ds the south, in front of and just north of the building. On the north of plaintiff’s property is an east and west alley 25 feet wide; immediately west is a north and south alley; and upon the south the property abuts on another east and west alley, or narrow street, 25 feet wide. The tracks of defendant railway run east and west, passing plaintiff’s property on the…
2Cases cited6 opinions
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Heath v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnston v. Michigan Consolidated Gas Co.Michigan Supreme Court · 1953
- City of International Falls v. Minnesota, Dakota & Western Railway Co.Supreme Court of Minnesota · 1912
- White v. Chicago G. W. R.Court of Appeals for the Eighth Circuit · 1917
- Town of Alvord v. Great Northern Railway Co.Supreme Court of Iowa · 1917
- Interurban Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1922