Legal Opinion

Phillips v. Watson

Supreme Court of Iowa

Decided March 18, 1884PublishedCited by 33 opinions

Appeal from Momroe District Gov/rt. In the month of August, 1882, defendant, being in possession as lessee of a tract of land on which he was engaged in operating a coal mine, instituted a proceeding, under the provisions of chapter 34 of the acts of the Fifteenth General Assembly, to have a public way established from a point on the Chicago, Burlington & Quincy Railway, over and across certain lands belonging to plaintiff, to his coal mine; and he gave notice of his…

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Appeal from Momroe District Gov/rt. In the month of August, 1882, defendant, being in possession as lessee of a tract of land on which he was engaged in operating a coal mine, instituted a proceeding, under the provisions of chapter 34 of the acts of the Fifteenth General Assembly, to have a public way established from a point on the Chicago, Burlington & Quincy Railway, over and across certain lands belonging to plaintiff, to his coal mine; and he gave notice of his intention to construct and maintain a railway on such way for the purpose of reaching the mines on said tract of Land, and of…

1Opinion of the CourtReed, J.

1. INJUNCTION: not allowed where there is legal remedy: right of way to coal mine. I. Many separate objections are urged by plaintiff against the condemnation proceedings under which defendant claims the right to occupy the ground m question. Eut we think we may properly classify ail these obiections as relating either, 1st, to the mere regularity of the condemnation proceedings, or, 2d, to the right to condemn the ground at all for the purposes intended by defendant. The objections which we think relate merely to the regularity of the proceedings are, that one of the appraisers appointed by…

2Cases cited2 opinions

  1. Bankhead v. BrownSupreme Court of Iowa · 1868
  2. Jones v. Mahaska County Coal Co.Supreme Court of Iowa · 1877

3Cited by33 opinions

  1. Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
  2. Thayer v. California Development Co.California Supreme Court · 1912
  3. Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
  4. West v. WhiteheadCourt of Appeals of Texas · 1922
  5. Railway Co. v. PettySupreme Court of Arkansas · 1893

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