Chicago & North Western Railway Co. v. Drainage District Number Five
Supreme Court of Iowa
Appeal from Sac District Court.- — -Hon. Z. A. Church, Judge. This ease arises out of a drainage proceeding relating to the establishment of drainage district No. 5. The plaintiff presented its claim for damages for $3,920. The commissioners appointed to appraise damages allowed the sum of $160, and no more. The board of supervisors approved such allowance.
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Appeal from Sac District Court.- — -Hon. Z. A. Church, Judge. This ease arises out of a drainage proceeding relating to the establishment of drainage district No. 5. The plaintiff presented its claim for damages for $3,920. The commissioners appointed to appraise damages allowed the sum of $160, and no more. The board of supervisors approved such allowance. An appeal was taken to the district court, and the cause there tried to the court without a jury, and upon a written stipulation as to the facts. The district court affirmed the action of the board of supervisors, and allowed the plaintiff…
1Opinion of the CourtEvans, C. J.
The proposed drain crosses the right of way of the plaintiff company along a natural water course, over which the plaintiff company for many years has maintained a bridge.
In the presentation of its claim the plaintiff attached the following itemized statement as the basis thereof:
Estimated Damages of Crossing of Proposed Drainage Ditch Petitioned for by Alex. Wager et al., at Bridge 1,451, Three Miles West of Sac City, Iowa. Replacement of 48-foot P. B. with 28 foot 6 inch I Beam Span on Masonry Abutments.
Estimate No. 521 — Drawing No. 4,62.8.
*609175 cu. yds. wet excavation between piles…
2Cases cited7 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
- Chicago, R. I. & G. Ry. Co. v. Tarrant County Water Control & Improvement Dist. No. 1Texas Supreme Court · 1934
- Dean v. StateSupreme Court of Iowa · 1930
- Randell v. Iowa State Highway CommissionSupreme Court of Iowa · 1932
- Johnson v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
9 more not listed; retrieve them via the Exa API.