Chicago, Rock Island & Pacific Railway Co. v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. — How. M. A. Roberts, J udge. Suit in equity to restrain the collection of a special asT sessraent made by the city against the right of way of the Keokuk.& Dos Moines Railway for paving and curbing a street on which the right of way abuts. Plaintiff is using the right of way under lease from the Keokuk & Des Moines.
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Appeal from Wapello District Court. — How. M. A. Roberts, J udge. Suit in equity to restrain the collection of a special asT sessraent made by the city against the right of way of the Keokuk.& Dos Moines Railway for paving and curbing a street on which the right of way abuts. Plaintiff is using the right of way under lease from the Keokuk & Des Moines. Railway Company, and the latter company was made a party defendant after a demurrer was sustained to the petition grounded on the proposition that it was a necessary party. The trial court dismissed the petition, and gave judgment against both…
1Opinion of the CourtDeemer, J.
1 The case was tried on an agreed statement of facts, from which we gather the following: The Keokuk & Des Moines Railway Company acquired by condemnation proceedings a right of way across certain lots in the city of Ottumwa abutting on Main street. This right of way was used by the Chicago, Rock Island & Pacific Railway Company at the time the assessment in question was levied under a lease from the Keokuk & Des Moines Company, terminating December 19, 1923, by the terms of which the Rock Island Company agreed to pay “all lav,'ful taxes and assessments of value made of the property after the…
2Cases cited38 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- East Alabama Railway Co. v. Doe Ex Dem. VisscherSupreme Court of the United States · 1885
- Warren v. HenlySupreme Court of Iowa · 1870
- Rhodes v. City of ClevelandOhio Supreme Court · 1840
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
33 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re Indian Territory Illuminating Oil Co.Supreme Court of Oklahoma · 1914
- Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Olney v. HuttSupreme Court of Iowa · 1960
- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
27 more not listed; retrieve them via the Exa API.