Chicago, Burlington & Quincy R'y Co. v. Porter Bros.
Supreme Court of Iowa
Appeal from, Wapello District Gourt. These are actions in equity by which the plaintiffs seek to enjoin the defendants from maintaining a wooden building, and from completing the erection of a brick building, upon land which the plaintiffs allege is within their right of way, and near to their railroad tracks. There was a hearing in the court below upon an application for a temporary injunction.
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Appeal from, Wapello District Gourt. These are actions in equity by which the plaintiffs seek to enjoin the defendants from maintaining a wooden building, and from completing the erection of a brick building, upon land which the plaintiffs allege is within their right of way, and near to their railroad tracks. There was a hearing in the court below upon an application for a temporary injunction. The injunction was allowed as to the brick building, and denied as to the wooden building. The defendants appeal.
1Opinion of the CourtRothrock, J.
I. The two causes were heard and determined in the eourt below upon the same evidence, and they are presented in this court upon one abstract, and upon the same arguments. The ultimate question involved in both cases is, have the plaintiffs such a right to the land upon which the brick building is in course of erection as to entitle *428them to an injunction preventing the defendants from so using the land %
It appears from the evidence that the railroad now owned by the Chicago, Rock Island & Pacific Railroad Company was constructed in 1859 or 1860, and that the road now belonging to the Chicago,…
2Cases cited3 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
- Wood v. C., R. I. & P. R.Supreme Court of Iowa · 1883
3Cited by10 opinions
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Holman v. HodgesSupreme Court of Iowa · 1901
- Western Pac. Ry. Co. v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1907
- Bennett v. National Starch Manufacturing Co.Supreme Court of Iowa · 1897
- Solomon v. City of Sioux CitySupreme Court of Iowa · 1952
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