City of Clinton v. Clinton & Lyons House Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. Thursday, September 18. The petition alleges, in substance, that the plaintiff is a municipal corporation, organized under the laws of Iowa as a city of the second class. That defendant is, and for more than three years has been, a corporation organized and existing in the county of Clinton, and engaged in operating a horse railway through, between, and in the cities of Clinton and Lyons in said county.
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Appeal from Clinton District Court. Thursday, September 18. The petition alleges, in substance, that the plaintiff is a municipal corporation, organized under the laws of Iowa as a city of the second class. That defendant is, and for more than three years has been, a corporation organized and existing in the county of Clinton, and engaged in operating a horse railway through, between, and in the cities of Clinton and Lyons in said county. That about the 14th day of June, 1869, the city council of the city of Clinton passed an ordinance granting to defendant the right to lay and operate upon…
1Opinion of the CourtDay, J.
way act. The position of appellant is that the sole authority of defendant to construct its railway was derived from the ordinance of the city of Clinton authorizing defendant, subject to certain conditions, to construct a horse railway upon Second street, in said city, and that upon the repeal of that ordinance the said railway existed without authority, became a nuisance, and was subject to abatement as such ; whilst upon the part of appellee it is claimed that the general right of way statute (Revision, chap. 55, art. 3) applies to defendant and confers *65upon it, full authority to construct…
2Cases cited2 opinions
- City of Chicago v. EvansIllinois Supreme Court · 1860
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
3Cited by10 opinions
- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- Fidelity Loan & Trust Co. v. DouglasSupreme Court of Iowa · 1898
- Manhattan Trust Co. v. Sioux City Cable Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1895
- Barney v. KeokukUnited States Circuit Court · 1876
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