Legal Opinion

Interurban Railway Co. v. City of Des Moines

Supreme Court of Iowa

Decided February 7, 1922Published

Appeal from Polk D'istrict Court. — J. C. Hume, Judge. Suit in equity, to enjoin the city of Des Moines and its officers from removal of a track laid by plaintiff across one of its streets. Relief prayed was refused, and plaintiff's petition dismissed. Plaintiff appeals. —

1Opinion of the CourtArthur, C. J.

I. The petition alleges the corporate capacity of plaintiff; that it is engaged in business as a common • carrier, in which capacity it operates an interurban railway within the city limits, and that, in furtherance of such business, it has constructed a spur track on property lying west of Sixth Avenue across New York Avenue in the city of Des Moines; that said track was laid across the street substantially at right angles with the street, and with the consent of the property owners on both sides, and in front of which the said track crossed said street; and that said track was to be used…

2Cases cited5 opinions

  1. Gates v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
  2. Cedar Rapids & Marion City Railway Co. v. CumminsSupreme Court of Iowa · 1904
  3. Anhalt v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1914
  4. Morgan v. Des Moines Union Railway Co.Supreme Court of Iowa · 1901
  5. Enos v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889

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