Chicago, Rock Island & Pacific Railway Co. v. State Highway Commission

This suit was brought by the railway company in the Circuit Court of Buchanan County to restrain the appellant State Highway Commission, and Pittsburg-Des Moines Steel Company, a co-partnership, from maintaining an alleged nuisance, and for abatement of such nuisance, and also for damages for injuries to respondent's property, alleged to have been caused by the construction of an overhead crossing of the state highway known as Route 8, over the tracks of the railway company.

The trial court granted the injunctive relief prayed for, with judgment for $1,000 as damages, against the Highway…