City of Des Moines v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Polk Circuit Cou/rt. This action wras commenced August 25, 1874, to recover four hundred and sixty-four dollars and sixty cents for toll alleged to be due the plaintiff, for the passage of the defendant’s engines and cars over a toll bridge owned by plaintiff, across the Raccoon river near the foot of Seventh street, in •the city of Des Moines. .The defendant denied the right of plaintiff to recover for any toll, and set up a grant by ordinance enacted by the…
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Appeal from Polk Circuit Cou/rt. This action wras commenced August 25, 1874, to recover four hundred and sixty-four dollars and sixty cents for toll alleged to be due the plaintiff, for the passage of the defendant’s engines and cars over a toll bridge owned by plaintiff, across the Raccoon river near the foot of Seventh street, in •the city of Des Moines. .The defendant denied the right of plaintiff to recover for any toll, and set up a grant by ordinance enacted by the plaintiff, granting to the Des Moines, Indianola and Missouri Railroad Company the right to lay, and maintain thé track of…
1Opinion of the Court
Cole, J. —
i municipal oontraotlraiiroads. I. The plaintiff, the city of Des Moines, pursuant to authority conferred by Chapter 84 of the Acts of Thirteenth General Assembly, after enacting an ordinance therefor, erected four toll bridges within its limits, one of which was over the Raccoon river, near the foot of Seventh street, and is the one in controversy; and paid for the same by issuing the bonds of the city, and pledging for the principal and interest thereof the tolls to be derived from said bridges. By section seven of the ordinance providing for the building and maintaining the…
2Cases cited2 opinions
- Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
- State v. HerodSupreme Court of Iowa · 1870
3Cited by5 opinions
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Sioux City Street Railway Co. v. City of Sioux CitySupreme Court of Iowa · 1888
- Mead v. PortlandOregon Supreme Court · 1904
- Van Horn v. City of Des MoinesSupreme Court of Iowa · 1922
- City Council v. Augusta & Aiken Railway Co.Supreme Court of Georgia · 1908