Smith v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. George H: Carr, Judge. Action in equity to enforce an order of the board of railroad commissioners of the state of Iowa, requiring the defendants, the Chicago,Milwaukee & St. Paul Railway Compay and the Chicago & Northwestern; Railway Company, to connect their tracks at Algona. A demurrer to the petition was overruled. The defendants refused to plead further, and appeal.
1Opinion of the CourtRobinson, C. J.
On the application of citizens of Algona, asking that the defendants be ordered to connect their tracks at that place “with a ‘Y,’-or in any other way that may be deemed best for their interest and the interests of the community,” the plaintiffs investigated the facts, and made a finding and order as follows: “* * * In this case the investigation, made by the commissioners failed to satisfy them there was any commercial necessity for the connection. The! decision of the case must rest upon the construction of" the statute. This, as has been before stated, they have always regarded, and still…
2Cases cited2 opinions
- Turner v. First National BankSupreme Court of Iowa · 1869
- Hanna v. HawesSupreme Court of Iowa · 1877
3Cited by7 opinions
- Chicago, R. I. & P. R. Co. v. LongCourt of Appeals for the Eighth Circuit · 1950
- Lowden v. Iowa State Commerce CommissionSupreme Court of Iowa · 1940
- Owens v. SmithSupreme Court of Iowa · 1925
- Chicago, Rock Island & Pacific Railroad v. LongSupreme Court of Iowa · 1952
- State v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1894
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