Davis v. Des Moines & Ft. Dodge R. R.
Supreme Court of Iowa
Appeal from Polk District Gourt. — Hon. Lawrence De Graee, Judge. Suit in equity to enjoin defendants from using certain railway tracks over plaintiff’s land, except to reach a coal mine near plaintiffs’ property. Defendants claim the right to use the tracks under the terms of a written lease and in virtue of certain condemnation proceedings instituted by the defendant, Des Moines & Ft. Dodge Railroad Company.
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Appeal from Polk District Gourt. — Hon. Lawrence De Graee, Judge. Suit in equity to enjoin defendants from using certain railway tracks over plaintiff’s land, except to reach a coal mine near plaintiffs’ property. Defendants claim the right to use the tracks under the terms of a written lease and in virtue of certain condemnation proceedings instituted by the defendant, Des Moines & Ft. Dodge Railroad Company. Plaintiffs say that the lease is not broad enough in its terms to cover the use being made of tracks, and that, if it is, it should be so reformed as to give defendants nothing more…
1Opinion of the CourtDeemjjr, J.
In August of the year 1904, plaintiffs leased to George Simpson and Peter Reyolds the coal under about fifty-seven acres of land owned by them, located in the sduthwestern part of the city of Des Moines. This *53lease was in writing, and, among other things, it granted the lessees the following:
The said party of the first part also grants to the said party of the second part a strip of surface for a right of way across the above described land for a railroad track to, the mine of the party of the second part, which the party of the second part expects to locate on the land of the T. E. Brown…
2Cases cited11 opinions
- New Orleans & Carrollton Railroad v. DarmsSupreme Court of Louisiana · 1887
- Thomas v. WiggersIllinois Supreme Court · 1866
- Forbes v. DelashmuttSupreme Court of Iowa · 1885
- Keokuk & Northwestern Railway Co. v. DonnellSupreme Court of Iowa · 1889
- St. Joseph & Denver City Rld. v. CallenderSupreme Court of Kansas · 1874
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3Cited by5 opinions
- Bourjaily v. Johnson CountySupreme Court of Iowa · 1969
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Ermels v. City of Webster City, IowaSupreme Court of Iowa · 1955
- Town of Alvord v. Great Northern Railway Co.Supreme Court of Iowa · 1917
- Heinz v. City of DavenportSupreme Court of Iowa · 1941