State v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeals front O’ Brian .District Court. — Hon. Frank R. Gaynor, Judge, Actions in equity to enforce orders of the railroad commissioners requiring the defendant to set apart grounds on its side tracks at Hartley, Iowa, for the use of the Sunny Hill Alliance, No. 1506, for the erection of a coal shed. Motions to make more specific, and to strike out parts of ■ the petition, were overruled. The defendant excepted. Demurrers to the petition were also overruled.
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Appeals front O’ Brian .District Court. — Hon. Frank R. Gaynor, Judge, Actions in equity to enforce orders of the railroad commissioners requiring the defendant to set apart grounds on its side tracks at Hartley, Iowa, for the use of the Sunny Hill Alliance, No. 1506, for the erection of a coal shed. Motions to make more specific, and to strike out parts of ■ the petition, were overruled. The defendant excepted. Demurrers to the petition were also overruled. The defendant excepted and standing on its motions and demurrers, appeals.
1Opinion of the CourtKinne, J.
These two cases involve substantially the same questions, and are triable upon the same complaint. They were commenced separately, presumably in order to raise the question as to which was the proper party plaintiff, the commissioners or the state of Iowa. That question was not argued by counsel, and hence is not now considered. But see Smith v. Chicago, Milwaukee & St. Paul R’y Co., ante, page 202.
The first petition filed was entitled in the name of the railroad commissioners against the defendant, and *643contained the following allegations, in substance: That the plaintiffs were the duly…
2Cited by3 opinions
- American Investment Co. v. FarrarSupreme Court of Iowa · 1893
- Lowden v. Iowa State Commerce CommissionSupreme Court of Iowa · 1940
- Iowa City-Montezuma Railroad Shippers Ass'n v. United StatesDistrict Court, S.D. Iowa · 1972