Waltemeyer v. Wisconsin, Iowa & Nebraska Railway Co.
Supreme Court of Iowa
Appeal from Hardin District Court. The plaintiff averred in his petition that he was the unqualified owner of 160 acres of land, and that the defendant railway company condemned 100 feet in width through said land for right of way for its railroad; and that, in constructing the said railroad, defendant entered upon plaintiff’s land on each side of said right of way, and took strips of land, outside the right of way, 50 feet -ide by 200 feet long, without any authority from…
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Appeal from Hardin District Court. The plaintiff averred in his petition that he was the unqualified owner of 160 acres of land, and that the defendant railway company condemned 100 feet in width through said land for right of way for its railroad; and that, in constructing the said railroad, defendant entered upon plaintiff’s land on each side of said right of way, and took strips of land, outside the right of way, 50 feet -ide by 200 feet long, without any authority from plaintiff, and removed the earth from said strips without condemning the same, and destroyed a spring of water belonging…
1Opinion of the CourtRothrock, J.
1. Railroads; appropriation op adjacent land: damages: evidence op title. I. The plaintiff averred in his petition that he was the absolute owner of the land. His action was not brought to recover damages to a mere pos° ° . sess017 right. The court instructed the jury ^ was incumbent on him to prove that he was ^]16 0Wner of the land. The appellant insists that there was no .proper evidence of ownership, and we think this position must be sustained^ It is true, some of the witnesses, in giving their testimony, referred to the land as plaintiff’s farm, but this was merely descriptive of the…
2Cases cited1 opinion
- O'Hagan v. ClinesmithSupreme Court of Iowa · 1868
3Cited by8 opinions
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Hollenbeck v. City of MarionSupreme Court of Iowa · 1902
- Mohr v. Iowa State Highway CommissionSupreme Court of Iowa · 1963
- Doud v. Mason City & Ft. Dodge Railway Co.Supreme Court of Iowa · 1888
- Cox v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1889
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