Fisher v. Maple Block Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Charles A. Dudley and Hon. Hugh Brennan, Judges. Suit in equity to enjoin the contemplated condemnation of land for the purpose of egress and ingress to a coal mine. Temporary injunction ivas issued and served. Defendants moved to dissolve the temporary writ. A hearing was had upon such motion and evidence was introduced. Thereupon the motion was denied. The defendants' appeal.
1Opinion of the CourtEvans, J.
*487MAiN^statu-’ condemn? t0 strict construction: mining lands. *486— Three cases are presented upon the same submission. They are all related and present the same question. *487P. C. Fisher and E. P. Fisher are husband and wife and owners respectively of adjoining farms, the first °f 200 acres and the second of 240 acres, The defendant Maple Block Coal Company . ,. is a corporation engaged m the business indicated by its name and the defendant Griffin is the sheriff of Polk county. The coal company proposes to extend a spur track of railroad over the lands of the Fishers for the purpose of reaching…
2Cases cited11 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Wise v. Yazoo CityMississippi Supreme Court · 1910
- McElroy v. Kansas CityU.S. Circuit Court for the District of Western Missouri · 1884
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3Cited by2 opinions
- Browneller v. Natural Gas Pipeline Co. of AmericaSupreme Court of Iowa · 1943
- Strawberry Point District Fair Society v. BallSupreme Court of Iowa · 1920