Waterloo, Cedar Falls & Northern Railway Co. v. Chicago Great Western Railroad
Supreme Court of Iowa
Appeal from Blade Hawle District Court. — Franklin C. Platt, Judge. Action in equity to determine whether plaintiff should bear the expense of installing and maintaining the crossing of its tracks across one of defendant’s side or additional tracks, or whether such expense should be borne by the defendant company.
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Appeal from Blade Hawle District Court. — Franklin C. Platt, Judge. Action in equity to determine whether plaintiff should bear the expense of installing and maintaining the crossing of its tracks across one of defendant’s side or additional tracks, or whether such expense should be borne by the defendant company. The trial court decreed that plaintiff has a right to lay its street railway tracks along West Fourth Street, in Waterloo, Iowa, and across the tracks of defendant on Bluff Street in said city, where the same crosses or intersects said West Fourth Street; that, at the tifne…
1Opinion of the CourtPreston, J.
The action was originally brought for an injunction to restrain defendant from interfering with the track of plaintiff where it crosses Bluff Street, on Fourth, and from interfering with the rights of plaintiff or the operation of its railway at said point, except that defendant should have the right to install and maintain a suitable railway crossing at its own expense, in and on the track of plaintiff company; but the issue was finally resolved into the question as to whether plaintiff shall bear the expense of installing and maintaining the crossing of its tracks across defendant’s side…
2Cases cited7 opinions
- Spiers v. DuaneCalifornia Supreme Court · 1880
- Central Passenger Railway Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1902
- West Jersey & Seashore Railroad v. Atlantic City & Suburban Traction Co.New Jersey Court of Chancery · 1904
- Dyer v. ReitzMissouri Court of Appeals · 1884
- Lobdell v. KeeneSupreme Court of Minnesota · 1901
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