102 Iowa 624 | Iowa | 1897
In the year 1878 the appellee constructed what is known as its “South Track” through the city of Albia. It was built in a cut about one hundred and twenty feet wide and thirty feet deep. Appellee’s right of way at the point in question is four hundred feet wide. At the time the track was laid, Clinton street, in the city of Albia, which runs north ■and -south, terminated at what is known as “Cousin’s Addition,” about forty rods north of appellee’s right of way. Thereafter, the land through which the railway runs was platted into town lots, streets, and alleys as Cousin’s addition, and Clinton street was extended southward across the right of way and on to the southern limits of the city. In April, 1894, the city accepted the dedication of the extension of Clinton street, and requested of the railroad company that it be allowed to