72 Iowa 182 | Iowa | 1887
The plaintiff is the owner of two lots in the city of Oskaloosa, upon which stands a house which he occupies as a residence. The west line of these lots is sixty
The defendant insists that plaintiff has no cause of action, and that the verdict is not supported by the evidence; and the court was asked to so instruct the jury, which was refused, and a motion for a new trial, and in arrest for j udgment, for the same reasons, was overruled.
"We think the defendant’s position must be sustained. The plaintiff does not complain of the location of the right of way and the operation of the road. He is not owner of land abutting on the right of way. Railroads cannot be operated without fuel, and proper structures for supplying engines therewith are necessary, to be maintained at convenient points for that purpose. They are necessarily incidental to the operation of the road. The owners of property in the vicinity of a railroad necessarily suffer inconveniences, such as detention by trains upon the track, the noise of passing trains, the smoke emitted from engines, and the like, for which they cannot recover in a suit for damages. Pierce, Railroads, 216; Ror., Railroads, 457; Randle v. Pacific R'y Co., 65 Mo., 325; Parrot v. Railway Co., 10 Ohio St., 624; Cosby v. Railway Co., 10 Bush., 288; Struthers v. Railvcay Co., 87 Pa. St., 282. Reversed.