Swan v. Burlington, Cedar Rapids & Northern R'y Co.
Supreme Court of Iowa
Appeal from Louisa District Court — Hon. W. R. Lewis, Jlodge. Notion iu chancery to restrain defendant from destroying a passage-way for cattle and teams, constructed under defendant’s railroad, for the use of plaintiff. There was a decree granting the relief prayed for in the petition. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that defendant’s railroad passes over his land, and that he granted the right of way on condition of the construction and maintenance of a “ passway ” for teams and cattle under the railroad, which was made, and has been used for twenty years since the construction of the road. He alleges that defendant is about to fill up the “passway,” and construct a culvert for water only, lie asks that defendant may be enjoined from destroying this crossing under defendant’s road. A decree was entered granting plaintiff the relief prayed for.
*6511. equity: Irreparable' mentí'ea e II.…
2Cited by7 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Melson v. OrmsbySupreme Court of Iowa · 1915
- Rock Island & Peoria Railway Co. v. DimickIllinois Supreme Court · 1892
- Hunter v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1889
- Denver & Salt Lake Railway Co. v. Pacific Lumber Co.Supreme Court of Colorado · 1929
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