Mystic Milling Co. v. Chicago, Milwaukee and St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. J. P. Kennedy, Judge. Action of mandamus to compel the defendant railway company to switch ears on the plaintiff’s private track and to recover damages for a failure so to do. There was a trial to the court, and a judgment for the defendants. The plaintiff appeals.—
1Opinion of the Court
Sherwin, J.—
The appellant is a milling corporation operating a gristmill' which is located on a private track some 700 feet from the appellee’s main line. This private track was built by the owners of the mill and is under the exclusive control- of said owners or the operators of the mill. It has, at all times, been used by the appellee and other roads for switching cars to and from the mill as the necessities of the appellant’s business required and under its direction. For a number of years before the institution of this suit, the Western Car Service Association established certain rules…
2Cases cited10 opinions
- Richmond v. D. & S. C. R.Supreme Court of Iowa · 1875
- Willis v. City of PerrySupreme Court of Iowa · 1894
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Scripture v. BurnsSupreme Court of Iowa · 1882
- Gibson v. FischerSupreme Court of Iowa · 1885
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3Cited by3 opinions
- Haines v. Board of SupervisorsSupreme Court of Iowa · 1952
- Pierce v. Executive CouncilSupreme Court of Iowa · 1914
- Haines v. BOARD OF SUP'RS OF POTTAWATTAMIE COUNTYSupreme Court of Iowa · 1952