Davenport Central Railway Co. v. Davenport Gas Light Co.
Supreme Court of Iowa
Appeal from Scott Circuit Court. In August, 1854, the defendant, the Davenport Gas Light Co., by permission of the City Council of Davenport laid its gas pipes in Brady street between Second and Fourteenth streets in said city. Afterwards, in April, 1871, the plaintiff, the Davenport Central Railway Co., obtained permission of the city council of said city to lay and operate a horse railway upon said Brady street.
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Appeal from Scott Circuit Court. In August, 1854, the defendant, the Davenport Gas Light Co., by permission of the City Council of Davenport laid its gas pipes in Brady street between Second and Fourteenth streets in said city. Afterwards, in April, 1871, the plaintiff, the Davenport Central Railway Co., obtained permission of the city council of said city to lay and operate a horse railway upon said Brady street. Knowing that the gas pipe of the defendant had been laid in said street, and not knowing where in said street it was laid, and not wishing to lay its road-bed oyer said pipe,…
1Opinion of the CourtAdams, J.
1. estoppel : misrepresent tations. In this case the plaintiff, a street railway company, having laid its track on Brady street in the city of Davenport, over the gas pipes of the defendant Did beneath the surface of the street, seeks to enjoin the defendant from removing or disturbing said track in order to obtain access to its pipes for the purpose . of making repairs thereon.
The gas company is the elder of the two companies, and it is not denied by plaintiff and appellee that the rights of the gas company in the street are prior and paramount to those of the plaintiff, unless the gas…
2Cited by6 opinions
- Harmon v. City of OmahaNebraska Supreme Court · 1897
- Egbert v. DuckSupreme Court of Iowa · 1948
- Baldwin v. German InsuranceSupreme Court of Iowa · 1901
- Bowman v. Swanwood Coal Co.Supreme Court of Iowa · 1926
- Little Rock & Napoleon Railroad v. Little Rock, Mississippi River & Texas RailroadSupreme Court of Arkansas · 1880
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