State v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Keokuk District Court.- — Hon. Benjamin McCoy, Judge. Action in equity, to enforce an order of the railroad commissioners, requiring the defendant to construct and maintain, for the complainant, Alexander Warnock, on his farm, an undergrade passageway hr stock, in addition to his present grade crossing.
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Appeal from Keokuk District Court.- — Hon. Benjamin McCoy, Judge. Action in equity, to enforce an order of the railroad commissioners, requiring the defendant to construct and maintain, for the complainant, Alexander Warnock, on his farm, an undergrade passageway hr stock, in addition to his present grade crossing. Upon a hearing in the district court, decree was entered, affirming said order, and judgment was rendered against defendant for one hundred and seventy-five dollars attorney’s fees for proscuting this action, from which decree and judgment the defendant appeals.—
1Opinion of the CourtGiven, J.
*5671 *5682 *566I. Appellant’s counsel state, as their first contention, that the order made and affirmed is “unreasonable and unjust; that the crossing now used by complainant is good, sufficient, adequate, and located *567at a reasonable place.” Appellee’s counsel contend that, under the facts, the crossing now used is not adequate, and that said order is reasonable. The relief asked by Mr. Warnock is under section 1268, of the Code, and, to determine this contention, we first inquire to what he is entitled under said section, which section is as follows: “When any person owns land on both sides of any…
2Cases cited5 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Boggs v. C., B. & Q. R.Supreme Court of Iowa · 1880
- State v. LawlerSupreme Court of Iowa · 1892
- Curtis v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1883
3Cited by9 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Guinn v. Iowa & St. Louis R.Supreme Court of Iowa · 1904
- Livingston v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Hartshorn v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1907
- Mattice v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
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