Burlington, Cedar Rapids & Northern Railway Co. v. Dey
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Fair-all, Judge. Action in equity to restrain and enjoin the defendants, as railroad commissioners of this state, from enforcing a certain order, made by them, establishing joint rates of charges for the transportation of freight and cars over the road of the plaintiff and connecting lines of road; also to enjoin and restrain said commissioners from enforcing any other order compelling the plaintiff to enter into joint through…
Read the full summary
Appeal from Johnson District Court. — Hon. S. H. Fair-all, Judge. Action in equity to restrain and enjoin the defendants, as railroad commissioners of this state, from enforcing a certain order, made by them, establishing joint rates of charges for the transportation of freight and cars over the road of the plaintiff and connecting lines of road; also to enjoin and restrain said commissioners from enforcing any other order compelling the plaintiff to enter into joint through rates of freight charges with other railroad companies.
1Opinion of the CourtKinne, J.
I. This is the second appeal in this case. The former appeal was from a ruling of the district court refusing to dissolve an injunction, and is reported in 82 Iowa, 312. The decision of the court below was reversed, and the cause remanded. The defendants filed a demurrer to the petition as amended after reversal, and the court entered judgment sustaining said demurrer, from which ruling the plaintiff appeals. As the demurrer challenges the sufficiency of the petition to constitute a cause of action, it becomes necessary to state the substance of the pleading thus assailed.
The plaintiff, after…
2Cases cited15 opinions
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
- Barton v. ThompsonSupreme Court of Iowa · 1881
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Drake v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Board of Directors of the Lone Tree Community School District v. County Board of EducationSupreme Court of Iowa · 1968
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Sioux City Night Patrol v. MathwigSupreme Court of Iowa · 1938
- Chismore v. ChismoreSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.