Legal Opinion

State v. Davenport & St. Paul R.

Supreme Court of Iowa

Decided December 15, 1877PublishedCited by 1 opinion

Appeal from Scott District Court. Indictment for causing a nuisance by constructing and maintaining a railway upon a highway. The charge is that the defendant did “unlawfully obstruct and encumber with the depot building or station house of said railroad company and with their railroad built and constructed upon said highway and maintained upon said highway.” There was a trial, verdict and judgment for the defendant, and the State appeals.

1Opinion of the CourtSeevers, J.

i. railroad: street. The court refused to permit any evidence to be .Introduced to prove the construction or maintenance of the

railway upon, the highway, and the correctness of this ruling is the only question presented by the

Attorney General for consideration.

The authority to construct and maintain the railway upon a-highway must be found if it exists in Code, § 1262, which is as follows: “Any such corporation may raise or lower any turnpike, plank road, or other highway for the.purpose of having its railway pass over or under the same, and in such cases the corporation shall put such…

2Cases cited6 opinions

  1. City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
  2. Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
  3. Barr v. City of OskaloosaSupreme Court of Iowa · 1876
  4. Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
  5. Cadle v. Muscatine Western RailroadSupreme Court of Iowa · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. City of Des Moines v. Iowa Telephone Co.Supreme Court of Iowa · 1917

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