Frith v. City of Dubuque
Supreme Court of Iowa
Appeal from, Dubuque District Court. ' The petition, in substance, sets forth that the plaintiff is the owner of part of a certain mineral lot in the corporate limits of the city of Dubuque; that a legally established street passes through said premises running along the bank of the Mississippi river, under the bluff, and said street is the only way by which plaintiff’s said premises can be approached; that the city of Dubuque granted to the defendant, the Chicago, Dubuque &…
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Appeal from, Dubuque District Court. ' The petition, in substance, sets forth that the plaintiff is the owner of part of a certain mineral lot in the corporate limits of the city of Dubuque; that a legally established street passes through said premises running along the bank of the Mississippi river, under the bluff, and said street is the only way by which plaintiff’s said premises can be approached; that the city of Dubuque granted to the defendant, the Chicago, Dubuque & Minnesota Eailroad Company, the right of way over said street for the purpose of laying its track along and over the…
1Opinion of the CourtEothrock, J.
I. The court gave to the jury the following among other instructions:
“ Streets are for public use, by any and all persons that seek to travel thereon, and the appropriation of a street by a railroad company exclusively, and rendering travel thereon impossible or unsafe, gives to any property holder abutting thereon a right to recover damages therefor, unless such individual does not own the fee to the middle of the street, then such person only owns to the line of the street, and. cannot recover for any damages similar to the case at bar.”
“The plaintiff and his grantors being the owners of…
2Cases cited2 opinions
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Cadle v. Muscatine Western RailroadSupreme Court of Iowa · 1876
3Cited by17 opinions
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Holmes v. City of OaklandCalifornia Court of Appeal · 1968
- Mordhurst v. Ft. Wayne & Southwestern Traction Co.Indiana Supreme Court · 1904
- McKay v. City of EnidSupreme Court of Oklahoma · 1910
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