City of Newton v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Jasper Circuit Ccu/rt. This is a proceeding instituted in the name of the city of Newton and D. Pinch, street commissioner of the city, to compel the defendant to repair a crossing where one of the streets of the city crosses the defendant’s road. Judgment was rendered for the plaintiffs, and the defendant appeals.
1Opinion of the CourtAdams, J.
i rail ^oads^ctossLridgeSover: toarepairUapproaehes. The street formeidy crossed the railroad at grade, but in order to enable it to do so it had been lowered a*' crossin&> and R approached the' railroad from each direction through cuts. This mode of crossing became unsatisfactory to the city, and 1875 it was abandoned, and an overhead crossjQg was adopted in its stead; a bridge and approaches thereto being constructed for the street. This ei’ossing seems to have proved satisfactory for several years. But in 1883 the plaintiff Finch, as street commissioner, served a written notice upon the…
2Cases cited1 opinion
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
3Cited by12 opinions
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Dorsett v. GarrardSupreme Court of Georgia · 1890
- State ex rel. City of Duluth v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1906
- State v. NowellsSupreme Court of Iowa · 1906
- Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. v. City of MinneapolisSupreme Court of Minnesota · 1914
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