Nicks v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Lenehan, Judge. AotioN to recover, damages to the plaintiff’s lots, alleged to have resulted from the construction and maintenance of a street crossing above the defendant’s railroad track. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals..
1Opinion of the CourtGrivEN, J.
The following is a-sufficient statement •of the facts for a correct understanding of the questions discussed: The appellee is the owner of subdivisions ■4 and 5 of mineral lot 322 with a frontage of •one hundred and seventy-two ( feet on Jackson boulevard, and six hundred and eighty-eight feet on Peru road, in the city'' of Dubuque. These lots have been used for many years for gardening purposes •only, but are adjacent to lands that have been platted into- residence lots and built upon to some extent, and *29are susceptible of being so used, to advantage. By ordinance of June 8, 1885, the city…
2Cases cited5 opinions
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
- Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- City of Newton v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Morgan v. Des Moines & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Enos v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
3Cited by4 opinions
- Mackerall v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1900
- Bramlett v. City Council of GreenvilleSupreme Court of South Carolina · 1911
- Stolle v. StuartSouth Dakota Supreme Court · 1908
- Middleton v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905