2 Iowa 521 | Iowa | 1856
This case raises substantially the same questions (so far as presented by counsel), as were decided at the last term of this court, in the case of Henry v. Dubuque and Pacific Railroad Co., ante, 288. An examination of it at length is, therefore, unnecessary, especially as we see no good ground for abandoning the positions there taken. One point of difference has been urged, however, by counsel, and to that alone we direct attention. In the former case, the jury found as a part of a special verdict, that plaintiff was entitled to a certain sum for building a fence along the line of the railroad, which was proposed to be constructed by the company over his land, and eight per cent, per annum for keeping the said fence in repair for forty-
Judgment reversed.