State v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Qerro Gordo District Court.- — Hon. J. C. Si-ierwin, Judge. Mandamus to compel defendants to construct a crossing and cattle-guards on its railroad track where a highway crosses it. A demurrer to the petition was overruled. Defendant electing to stand upon its demurrer, judgment was entered for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
*5871. Hishways: crossing railroad: foreign company: notice of establishment. *586— I. The petition, shows that defendant is a foreign corporation, existing under the laws of the *587state of Wisconsin, and owns and operates a railroad in this state, and within the county wherein this action was begun ; that a highway was established crossing defendant’s railroad track in Cerro Gordo county, through which defendant’s railroad is constructed and operated ; that defendant has failed to construct á crossing and cattle-guards at the place where the highway crosses the railroad, though required by the statute…
2Cases cited3 opinions
- Wilson v. HathawaySupreme Court of Iowa · 1875
- Chicago, Rock Island & Pacific Railway Co. v. EllithorpeSupreme Court of Iowa · 1889
- State ex rel. Patrick v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885
3Cited by1 opinion
- State v. BaileySupreme Court of Iowa · 1871