Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-11-10
N[L[11 RULES N
! Stone QUARRY CASE
COURT HOLDS MRS. CUTLER HAS
NO CLAIM ON STONE UNDER
LAND.
RAILROAD HAS RIGHT TO
QUARRY UNDER OLD DEED
Reservation Giving Leorand Quarry
Company Right to Quarry the Stone
Upheld by court-Issues Of Alleged
Nuisance and Trespass Held to Be
Triable Later on the Facts.

| An important Tuliu6 dhSSlihS ehe
title and interest of the Northwestern
| railroad to about ten acres of land
underlaid with large deposits of stone
that adjoin their property at Quarry
was made by Judge Willett in the dis
trict court Tuesday. The suit was that
of Mrs. Frances Cutler VS.. the North
western. The ruling denies title in fee
simple of Mrs. Cutler to the land. It
also reserves as triable on the facts
at some time the claims of Mrs. Cut
Ter for damages and an injunction
against the railroad for stripping the
surface soil from her land and for al
legged nuisance growing out Of quarry
! ing operations.
J In effect the ruling holds that the
stone under the land was reserved for
the railroad, and that Mrs. Cutler, the
owner of the land, has no right to the
stone claimed by the Northwestern.
| AS to whether or not she is entitled to
| an injunction to restrain the railroad
from going on the land to quarry the
stone, or damages resulting therefrom,
the court left to be tried. He also
left to be tried whether or not Mrs.
Cutters land and property were dam
aged by the use Of explosives, loco
motives, steam shovels, and other ma
chinery used in the operation of the
quarry.
| Reservations Under Old Clause.
| The ruling Of the court regarding the
: title of the land was based on reser-
walton put in the deed when the Lee
Grand Quarry Company sold the land
to Mrs Cutters first husband, Cornell
Peterson. There was put in the deed
this clause: "All rights to quarry
stone are reserved by said first party"
(the LeGrand Quarry Company Eek
cept such stone as second party"
| (Peterson) may need for his own use
on said land" In addition to the fol-
lowing reservation was also made:
Together with the right to enter said
lands and to quarry, take, and remove
said stone therefrom."
BY her suit Mrs. Cutters attorney
sought to have this claim against the
land removed and to have her title
established against any claim the
Northwestern might have against 1t by
reason Of this reservation, which it
alleged was acquired by it by reason
| OF its purchase Of the LeGrand Quarry
Company's property.
Demurrer 10 sustained.
To Mrs. Cutters claim the North
WESTERNS attorney demurred. and the
demurrer was sustained by Judge
Willett. This removes from the case
1.-THE issue of the ownership of the
stone.
Another issue raised for Mrs. Cutler
was that the railroad company was
trespassing upon the land and strip
~ to-,
junction was sought to prevent them
from doing this. and damages for do
ing so were also asked.
To this claim the railroad company
demurred and the court overruled the
demurrer and left this issue to be tried
on the facts.
that the operations of quarrying,
motives, drills, and explosives was
damaging her property. An injunc-
ton and damages under this count
were asked To this the railroad also
demurred. This demurrer was like
wise overruled and the issue was left
to be tried on the facts. involved as to
whether or not any nuisance existed.
One Case Tried.
About a year ago suit brought by
Mrs. Cutler against Dolese Bros, who
operate the quarry, for damages. al
legged to have been sustained because
Of quarry operations. was tried and
the jury brought in a verdict for the
!quarrymen. The right OF the railroad
company to go on the land to quarry
the stone was one of the chief issues
in the charge. A motion for a new
trial is on file in this case and has
never been ruled on, pending perhaps
the decision of Judge Willett in the
other lawsuit. The jury case was tried
before Judge Cummings.