Shortell v. Des Moines Electric Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Ti-iomas J. Guthrie, Judge. Suit in equity by Riparian proprietors to restrain the defendants from repairing and reconstructing the Center Street dam across the Des Moines River in the city of Des Moines. The Des Moines ice & Cold Storage Company and the state of Iowa intervene. The court dismissed plaintiffs’ petition, and also the petition of intervention of the state.
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Appeal from Polk District Court. — Ti-iomas J. Guthrie, Judge. Suit in equity by Riparian proprietors to restrain the defendants from repairing and reconstructing the Center Street dam across the Des Moines River in the city of Des Moines. The Des Moines ice & Cold Storage Company and the state of Iowa intervene. The court dismissed plaintiffs’ petition, and also the petition of intervention of the state. Plaintiffs, the state of Iowa, and the defendant city gave notice of appeal.
1Opinion of the CourtStevens, J.
T. Plaintiffs own certain residences and other property in the city of Des Moines, adjacent to the Des Moines River and north of the Center Street dam. This suit was instituted by plaintiffs for the purpose of enjoining the defendant Des Moines Electric Company, owner thereof, and F. E. Marsh & Company, contractors, from reconstructing a portion of the Center Street dam which *472was washed out in 1915, and from maintaining same across the river. It appears that a dam was first constructed across the Des Mnines River at about the location of the Center Street dam in 1847, and that a license for…
2Cases cited38 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Wood v. United StatesSupreme Court of the United States · 1842
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3Cited by6 opinions
- Peck v. Alfred Olsen Construction Co.Supreme Court of Iowa · 1931
- McCauley v. SalmonSupreme Court of Iowa · 1944
- Pearson v. City of GuttenbergSupreme Court of Iowa · 1976
- Thomas v. Cedar FallsSupreme Court of Iowa · 1937
- State Ex Rel. O'Connor v. SorensonSupreme Court of Iowa · 1937
1 more not listed; retrieve them via the Exa API.