Legal Opinion

Chicago, Milwaukee & St. Paul Railway Co. v. F. Starkweather, Street Commissioner

Supreme Court of Iowa

Decided February 1, 1896PublishedCited by 12 opinions

Appeal from Sioux District Court. — Hon. George W. Wakefield, Judge. This is a certiorari proceeding, for the review of the action of the council of the incorporated town of Boyden, in extending a street across the depot grounds of the plaintiff. There was a trial on the merits, and a judgment dismissing the petition. The plaintiff appeals.

1Opinion of the CourtRobinson, J.

The plaintiff owns and operates a railway which extends from the city of Milwaukee, in the state of Wisconsin, westward, through Iowa, to *160Chamberlain, in South Dakota. The incorporated town of Boy den is on that line, in Sioux county; and .the defendants are the mayor, trustees, and street commissioner of that town. The railway extends from east to west through the town, and separates the part which contains most of the inhabitants, and which' is north of the depot grounds, from the part which is south of- it. Main street extends from north to south on each side of the depot grounds, but…

2Cases cited13 opinions

  1. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
  2. City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
  3. Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
  4. Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
  5. Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861

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3Cited by12 opinions

  1. Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1902
  2. Abolt v. City of Fort MadisonSupreme Court of Iowa · 1961
  3. City of St. Louis v. MooreSupreme Court of Missouri · 1916
  4. State ex rel. City of Cle Elum v. County of KittitasWashington Supreme Court · 1919
  5. Aldrich v. PaineSupreme Court of Iowa · 1898

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