State v. Mason City & Fort Dodge Railway Co.
Supreme Court of Iowa
Appeal from Wright District Couft. — Hon. D. R. Hind-man, Judge-. The defendant’s line of road is constructed and operated through, the land of one G-eorge L. Cutler, and on the seventh day of October, 1889, the said Cutler lodged with the board of railroad commissioners a complaint to the effect that owing to the manner of such railroad crossing his land he was entitled to an undergrade crossing, which the company had neglected and refused to provide for him.
Read the full summary
Appeal from Wright District Couft. — Hon. D. R. Hind-man, Judge-. The defendant’s line of road is constructed and operated through, the land of one G-eorge L. Cutler, and on the seventh day of October, 1889, the said Cutler lodged with the board of railroad commissioners a complaint to the effect that owing to the manner of such railroad crossing his land he was entitled to an undergrade crossing, which the company had neglected and refused to provide for him. Upon notice to the parties the board of railroad commissioners investigated the matter, and made its order that the company should…
1Opinion of the CourtGeangee, J.
I. It is first' urged that the commissioners have no authority to make such an order, 1. Railroads: private crossing: jurisdiction of railway commission. because it affects a private, and not a public, right, and that the law authorizing railroad commissioners to make ‘ ‘rules, orders and regulations” as to railroads *518relates only to such feorporations in their capacity as common carriers, and to matters affecting the public as distinguished from private or individual rights.
To a proper consideration of the point presented we should somewhat particularize the complaints upon which the…
2Cases cited1 opinion
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
3Cited by18 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
- Lee v. HoffmanSupreme Court of Iowa · 1918
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1911
- Chicago, R. I. & P. R. Co. v. LongCourt of Appeals for the Eighth Circuit · 1950
13 more not listed; retrieve them via the Exa API.