Legal Opinion

Cook v. Sioux City & Pacific Railroad

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 3 opinions

Appeal from Woodbury District Court. Friday, October 24. This action is brought by the plaintiffs to recover for alleged trespasses committed by defendant upon certain lots in Sioux City, East Addition, Wooodbury county, Iowa.

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Appeal from Woodbury District Court. Friday, October 24. This action is brought by the plaintiffs to recover for alleged trespasses committed by defendant upon certain lots in Sioux City, East Addition, Wooodbury county, Iowa. The defendant answered: 1. Denying the allegations of the petition; 2. Setting up as a defense a right to enter upon the lots in controversy under a condemnation therof according to law for a right of way for a railroad, constructed by them from Sioux City, .Iowa, to Columbus, Nebraska. There was a jury trial which resulted in a verdict for defendant. Plaintiffs moved…

1Opinion of the CourtMiller, J.

I. The first assigned error is the admission of evidence offered by defendant, which was objected to by the plaintiff. The plaintiff’s abstract recites that “defendant sought to prove a condemnation of right of way for railroad purposes, and such evidence was objected to by plaintiff.” It does not appear that plaintiff excepted to the admission of the evidence objected to, nor is the evidence set out in appellants’ abstract. Appellee furnishes us an abstract showing that proper written evidence of the condemnation of a right of way over the premises in controversy was had in the manner…

2Cases cited2 opinions

  1. Snyder v. EldridgeSupreme Court of Iowa · 1870
  2. Little v. MartinSupreme Court of Iowa · 1870

3Cited by3 opinions

  1. Ludwig v. BlackshereSupreme Court of Iowa · 1897
  2. Byers v. Bellan-Price Investment Co.Colorado Court of Appeals · 1897
  3. Byers v. Bellan-Price Investment Co.Colorado Court of Appeals · 1897

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