Legal Opinion

Burlington, Cedar Rapids & Northern Railway Co. v. Dey

Supreme Court of Iowa

Decided February 9, 1891PublishedCited by 58 opinions

\ Appeal from Johnson District Court. — IIoN. S. H. Faikall, Judge. This is an action in chancery to restrain and enjoin! the defendants, acting as railroad commissioners of ( the state, from establishing and promulgating' '] oint rates of charges for the transportation of freight and cars over the plaintiíf’s railroad and other connecting lines.

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\ Appeal from Johnson District Court. — IIoN. S. H. Faikall, Judge. This is an action in chancery to restrain and enjoin! the defendants, acting as railroad commissioners of ( the state, from establishing and promulgating' '] oint rates of charges for the transportation of freight and cars over the plaintiíf’s railroad and other connecting lines. Upon the petition, before it was filed, an injunction was allowed, which, after the filing of the petition,; the defendants moved to dissolve. The motion was'. overruled, and from the order to that effect the defendants appeal. There is no common law…

1Opinion of the CourtBeck, C. J.

I. In view of the facts that the motion to dissolve the injunction operates as a demurrer to the petition, and that the decision thereon is for review in this case, it becomes necessary to set out fully the pleadings .upon which' the decision was made. They are as follows:

“ Petition in Equity. Your petitioner, the Burlington, Cedar Rapids & Northern Railway Company of Iowa, a corporation, duly organized and existing under and by virtue of the laws of Iowa, complains and says : That defendants, Peter A. Bey, Spencer Smith and F. T. *321Campbell, compose the board of railroad commissioners of the…

2Cases cited6 opinions

  1. Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
  2. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  3. Morrison v. SpringerSupreme Court of Iowa · 1863
  4. Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1884
  5. Central Iowa R'y Co. v. Board of SupervisorsSupreme Court of Iowa · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
  2. Missouri, Kansas & Texas Railway Co. v. CadeSupreme Court of the United States · 1914
  3. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  4. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  5. Minneapolis & St. Louis Railroad v. MinnesotaSupreme Court of the United States · 1902

53 more not listed; retrieve them via the Exa API.

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