Dubuque & Sioux City Railroad v. Ft. Dodge, Des Moines & Southern Railroad
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. O. E. Albrooic, Judge. Action in equity to restrain the defendant from crossing the plaintiffs’ road* at grade . There was a judgment dismissing plaintiffs’ petition, and they appeal.
1Opinion of the CourtSherwin, J.
The Dubuque & Sioux City Railroad Company owns the steam road that the defendant seeks to cross. It is operated, however, by the Illinois Central Railroad Company as part of its through line from Chicago, Ill., to Omaha, Neb., and Sioux City, Iowa, passing through Ft. Dodge. East of Ft. Dodge all of the traffic of the road passes over a single track. The Ft. Dodge, Des Moines & Southern Railroad is an interurban electric road with its main line between Des Moines and Ft. Dodge and it crosses the plaintiff’s road a little east of the corporate limits of Et. Dodge by an under crossing. There…
2Cases cited7 opinions
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Phillips v. WatsonSupreme Court of Iowa · 1884
- Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
- Peoria, Pekin & Jacksonville R. R. v. Peoria & Springfield R. R.Illinois Supreme Court · 1872
- New York, Housatonic & Northern Railroad v. Boston, Hartford & Erie RailroadSupreme Court of Connecticut · 1869
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3Cited by2 opinions
- Browneller v. Natural Gas Pipeline Co. of AmericaSupreme Court of Iowa · 1943
- Minear v. PlowmanSupreme Court of Iowa · 1924