City of Council Bluffs v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Iowa
Appeal from, Pottawattamie Circuit Court. On the 4th day of August, 1874, the plaintiff filed its petition in the Circuit Court of Pottawattamie county, praying that the defendant be restrained and enjoined from transporting, delivering and receiving, to and from the Union Pacific Railroad Company, any passengers, freight or express matter at any other point than at the terminus of the defendant’s railroad within the city of Council Bluffs, and also, “from making any…
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Appeal from, Pottawattamie Circuit Court. On the 4th day of August, 1874, the plaintiff filed its petition in the Circuit Court of Pottawattamie county, praying that the defendant be restrained and enjoined from transporting, delivering and receiving, to and from the Union Pacific Railroad Company, any passengers, freight or express matter at any other point than at the terminus of the defendant’s railroad within the city of Council Bluffs, and also, “from making any transfer of freight, passengers and express matter to or with any other railroad company, either by delivering or receiving the…
1Opinion of the Court
Miller, Ch. J.
I. The evidence submitted to the Circuit Court establishes the fact that passenger and express cars used upon appellant’s road were, prior to the allowance of the injunction, in the westward bound trains run across the river to Omaha, without any transfer of their burdens being made at the western terminus of appellant’s road at Council Bluffs. Its eastward bound trains of passenger and express cars received their passengers and express matter at Omaha, and there was no change of cars at the western terminus of appellant’s road in Council Bluffs. The cars of defendant were drawn…
2Cases cited14 opinions
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- Brown v. MarylandSupreme Court of the United States · 1827
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
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3Cited by10 opinions
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- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1916
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