Connolly v. Des Moines & Central Iowa Railway Co.

Plaintiffs sought to enjoin the defendant’s condemnation of a railroad right of way and the City of Des Moines intervened. All parties appeal from portions of the trial court’s decree. We will state the facts as we present the issues between the parties.

About a half century ago an electric trolley railroad, then called the Inter-Urban Railway Company, which ran into Des Moines, decided to construct a branch from its Beaver Valley substation west and north to the town of Urbandale. The right of way for this branch line was acquired by conveyances or condemnation proceedings and the…