Humeston & Shenandoah Railway Co. v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Ringgold District Court. — Hon. John W. Harvey, Judge. Plaintiff owns and operates a. line of railroad, tlie termini of which are at Huhieston, in. Wayne county, and Shenandoah, in Page county. Defendant is engaged in constructing a railroad between Res Moines and Kansas City, which will cross plaintiff’s road in the valley of West Grand river, in Ringgold county.
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Appeal from Ringgold District Court. — Hon. John W. Harvey, Judge. Plaintiff owns and operates a. line of railroad, tlie termini of which are at Huhieston, in. Wayne county, and Shenandoah, in Page county. Defendant is engaged in constructing a railroad between Res Moines and Kansas City, which will cross plaintiff’s road in the valley of West Grand river, in Ringgold county. It was proceeding to construct a crossing at grade, when plaintiff brought this action for the purpose of compelling it to adopt either an over or under crossing. This -appeal is by defendant, from an order made by the…
1Opinion of the CourtReed, J.
rfeht to cross a sia e' Plaintiff’s complaint, in substance, is that the operation of its- road would be unnecessarily and unreasonably impeded, and the dangers incident to its operation greatly increased, by a grade crossing at the point selected by defendant. The track of plaintiff’s road is level for a distance of three hundred feet east and nine hundred feet west of the proposed point of crossing. Commencing at a point one thousand feet east of that point, and extending to within three hundred feet of it, there is an ascending grade of thirty-seven feet per mile, and commencing nine…
2Cited by3 opinions
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- Chicago, Burlington & Quincy Railway Co. v. Chicago, Ft. Madison & Des Moines Railway Co.Supreme Court of Iowa · 1894
- Dubuque & Sioux City Railroad v. Ft. Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1910