Chicago, Newton & Southwestern Railroad v. Mayor of Newton
Supreme Court of Iowa
Appeal from Jasper District Qowrt. The plaintiff filed in the Jasper district court a petition for injunction, as follows: I. Tour petitioner respectfully represents and makes known to the court, that they are a corporation duly organized and existing under and by virtue of the laws of Iowa, and engaged in building a railroad in a northerly and southerly direction, through a portion of the county of Jasper, in the State of Iowa, and have been engaged with a large force in…
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Appeal from Jasper District Qowrt. The plaintiff filed in the Jasper district court a petition for injunction, as follows: I. Tour petitioner respectfully represents and makes known to the court, that they are a corporation duly organized and existing under and by virtue of the laws of Iowa, and engaged in building a railroad in a northerly and southerly direction, through a portion of the county of Jasper, in the State of Iowa, and have been engaged with a large force in grading and bridging on the line of their said road, at a great expense, in the vicinity of Newton, in said county. II.…
1Opinion of the CourtDay, J.
i rauboab • ovra steeertfof 0lty- — Most of the assignments of demurrer are directed seParafe portions of the petition, and raise no question of the sufficiency of the entire petition to entitle the plaintiff to the relief prayed.
Without noticing in detail the various grounds of demurrer, we propose to consider the general question which they seem fairly to present. In the view which we take of the case we deem it unnecess ary to consider the power of the electors of the town by vote to grant to plaintiff the right of way over the streets of the town, or whether such vote conferred upon…
2Cases cited2 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
3Cited by18 opinions
- Stanley v. City of DavenportSupreme Court of Iowa · 1880
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Ingram, Kennedy & Day v. C. D. & M. R. R.Supreme Court of Iowa · 1874
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
- Simplot v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1883
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