Lower v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from, Mfowroe Circuit Court. ■ These cases are submitted together as arising for the most part out of substantially the same state of facts. The last two, however, differ from the first in one respect which will be noticed in the opinion.
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Appeal from, Mfowroe Circuit Court. ■ These cases are submitted together as arising for the most part out of substantially the same state of facts. The last two, however, differ from the first in one respect which will be noticed in the opinion. The plaintiffs respectively seek injunctions to restrain the defendants, the Chicago, Burlington & Quincy, R. R. Co., and the Chillicothe & Chariton R. R. Co., from condemning for right of way certain land of which they are respectively the owners. They aver in substance in their petition that in 1867, the Burlington & Missouri River R. R. Co. located…
1Opinion of the CourtAdams, J.
i.raimsoads: mentsmpedi" iiiary oom-IX_ Fraud! n° The evidence shows that the Chillicothe & Chariton R. R. Co. has leased the road in question to the C., B. Q. E. R. Co., and we think that the evidence shows that the former company was organized with the design of procuring a right of way and building a road to be used by the latter company. It does not, however, follow that the plaintiffs have been defrauded. The land taken has been taken for public use, and just compensation, as we must assume, has been made to the plaintiffs. Their real ground for complaint, so far as their alleged equity…
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