Illinois Central Railroad v. Waterloo, Cedar Falls & Northern Railway Co.
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Franklin C. Platt, Judge. Action at law to recover bait the costs of maintaining a flagman at the crossing of the appellant road by that of appellee. The.demand is based upon a contract entered into between the two companies.
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Appeal from Black Hawk District Court. — Franklin C. Platt, Judge. Action at law to recover bait the costs of maintaining a flagman at the crossing of the appellant road by that of appellee. The.demand is based upon a contract entered into between the two companies. The appellee defended that it was a condition precedent in the contract that the contribution should be made only if and after the city of Waterloo 'by ordinance required a flagman at that crossing, and that the 'condition precedent has not occurred. A further defense was that the contract was wholly without consideration. The…
1Opinion of the CourtSalinger, J.
1. Contracts : construction : ambiguous clause: surrounding circumstances. I. Premising that the italics are placed where they are in the brief aPPeHee? we have to say that the contract between the parties provided that, “whenever '* * * the ordinance of any municipal corporation (of the state) * - * * shall require a flagman or flagmen to be stationed at said crossing, or shall require the said crossing to b,e protected by an interlocking and derailing plant, or any safety appliance other than those provided for in the preceding paragraph hereof, then the Central Company shall employ and pay…
2Cases cited7 opinions
- Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
- Chicago & North Western Railway Co. v. Drainage District Number FiveSupreme Court of Iowa · 1909
- South East & St. Louis Railway Co. v. Evansville & Mt. Vernon Electric Railway Co.Indiana Supreme Court · 1907
- Richmond Union Passenger Railway Co. v. Richmond, Fredericksburg & Potomac RailroadSupreme Court of Virginia · 1899
- State v. DaySupreme Court of Iowa · 1882
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3Cited by2 opinions
- First Trust Joint Stock Land Bank v. CuthbertSupreme Court of Iowa · 1933
- Illinois Central Railway Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1919