Des Moines Street R. R. v. Des Moines Broad-Gauge Street R'y Co.
Supreme Court of Iowa
Appeal from Polls Circuit Court. These eases are submitted together as involving the question as to the respective rights of the plaintiff, the Des Moines Street Railroad Company, and the defendant the Des Moines Broad-Gauge Street Railway Company, to occupy certain streets of the city of Des Moines.
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Appeal from Polls Circuit Court. These eases are submitted together as involving the question as to the respective rights of the plaintiff, the Des Moines Street Railroad Company, and the defendant the Des Moines Broad-Gauge Street Railway Company, to occupy certain streets of the city of Des Moines. The first case is an action to enjoin the defendant, the Des Moines -Broad-Gauge Street Railway Company from interfering with the plaintiff in laying its tracks upon certain streets, and for a decree that it has no rights in those streets. The second is an action for an injunction to prevent the…
1Opinion of the Court
Adams, Oh. J.
i cities street’raif™erigiit:U" of ordinance, The plaintiff’s claim is that it has for the-present, under the ordinances of the city, an exclusive right t0 famish to the city of Des Moines its street-railway service, and to occupy for that purpose, without hinderance or competition by any other street-railway company, so many of the streets as may be necessary, and that it will continue to have such right for a limited time to come, if it complies with its obligations, express and implied, arising under the ordinances in question. If this claim shall be sustained, the…
2Cases cited3 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- City of Davenport v. KelleySupreme Court of Iowa · 1858
- Burlington & Henderson County Ferry Co. v. DavisSupreme Court of Iowa · 1878
3Cited by19 opinions
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Iowa Independent Bankers, an Iowa Nonprofit Corporation v. Board of Governors of the Federal Reserve System, Northwest Bancorporation, IntervenorCourt of Appeals for the D.C. Circuit · 1975
- Indianapolis Cable Street Railroad v. Citizens Street RailroadIndiana Supreme Court · 1890
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