Meader v. Lowry
Supreme Court of Iowa
Appeal from Polk Circuit Court. The plaintiff in the first action is a resident property owner and taxpayer of Madison township, Polk county, and as such brought said action to restrain the collection of certain taxes certified and levied under the following circumstances, as stated in the petition: An election' was -held in said township, in pursuance of a legal notice, for the purpose of determining whether a tax should be levied on the property in said township to aid in…
Read the full summary
Appeal from Polk Circuit Court. The plaintiff in the first action is a resident property owner and taxpayer of Madison township, Polk county, and as such brought said action to restrain the collection of certain taxes certified and levied under the following circumstances, as stated in the petition: An election' was -held in said township, in pursuance of a legal notice, for the purpose of determining whether a tax should be levied on the property in said township to aid in the construction of a “railroad from the city of Des Moines, in the State of Iowa, by way of Polk City, in said county,…
1Opinion of the CourtSeevers, J.
l. taxation : row gauge/ I. That a railroad has been constructed and operated between the termini mentioned in the notice for the election is not disputed; the ground of corn-plaint being that the gauge is narrow and unusual, *688and that the carrying capacity and power is inferior to the usual and ordinary railway. But it is not averred that the road in question does not secure to the plaintiff and other tax payers all the benefits óf a road of broader gauge. The fact that the gauge is narrower or broader than was contemplated by the voter when he cast his ballot is not alone sufficient to…
2Cases cited3 opinions
- Harwood v. QuinbySupreme Court of Iowa · 1876
- Cedar Falls & Minnesota R. R. v. RichSupreme Court of Iowa · 1871
- Jenkins v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1870
3Cited by2 opinions
- Casady v. LowrySupreme Court of Iowa · 1878
- Sioux City & Pembina R. v. HerronSupreme Court of Iowa · 1877