Legal Opinion

Board of Park Commissioners v. Diamond Ice Co.

Supreme Court of Iowa

Decided October 24, 1905PublishedCited by 6 opinions

Appeal from Polk District Court.— Hon. A. H. MoVey, Judge. Suit" in equity to restrain tbe defendants from cut- . ting and removing ice from tbe Des Moines river, and from placing obstruction on the ice within certain limits specified in the petition.

Read the full summary

Appeal from Polk District Court.— Hon. A. H. MoVey, Judge. Suit" in equity to restrain tbe defendants from cut- . ting and removing ice from tbe Des Moines river, and from placing obstruction on the ice within certain limits specified in the petition. The petition alleges that the portion of the river bed and banks, from which it is sought to exclude the defendants, is a portion of Union Park and subject to the jurisdiction and control of the board of park commissioners of the city of Des Moines, by virtue of chapter 119, Acts of the Twenty-Eighth General Assembly. It is also shown by the…

1Opinion of the CourtSherwin, C. J.

Sueses: conboírd5! coí stitutes!1 Chapter 119, Laws of the Twenty-Eighth General Assembly, provides that “ whenever now or in the future any public street, highway, public ground, or park, owned by the city of Des Moines, or by the public, or owned or controlled by the board of park commissioners of said city, abuts upon either bank of the Des Moines river, the portions of the said river banks on which the same abut situated below high-water mark and also the bed of the river to the opposite shore line thereof, and the river itself within the limits aforesaid, are to be subject to the…

2Cases cited16 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. McManus v. CarmichaelSupreme Court of Iowa · 1856
  3. Bittenhaus v. JohnstonWisconsin Supreme Court · 1896
  4. Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
  5. Bossmiller v. StateWisconsin Supreme Court · 1902

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

3Cited by6 opinions

  1. McCauley v. SalmonSupreme Court of Iowa · 1944
  2. Witke v. State Conservation CommissionSupreme Court of Iowa · 1953
  3. Hohl v. Iowa Central Railway Co.Supreme Court of Iowa · 1913
  4. Shortell v. Des Moines Electric Co.Supreme Court of Iowa · 1919
  5. Parsons v. E. I. Du Pont De Nemours Powder Co.Michigan Supreme Court · 1917

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API