O'Malley v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — ¡W. EL Fahey, Judge. Action in equity for a mandatory injunction requiring the defendant to give to plaintiff an adequate crossing over its tracks. The opinion states tire facts. Decree for the plaintiff. Defendant appeals.
1Opinion of the CourtGaynor, J.
l. railroads : ?ersain°ruienI' This is a suit in equity, the purpose of which is to secure a writ of mandamus compelling the defendant to construct a private crossing for the plaintiff where defendant’s railway crosses plaintiff’s • farm. The plaintiff claims that the right of waE °f defendant company cuts the plaintiff’s land into two parts, one of which lies north and the other south of the right of way'; that the defendant has refused to construct and maintain a private crossing over its railway track at any point where the said track divides the land, and plaintiff has no adequate means…
2Cases cited5 opinions
- Williams v. ClarkMassachusetts Supreme Judicial Court · 1885
- State v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Speer v. Erie RailroadSupreme Court of New Jersey · 1905
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Michalek v. Cedar Rapids & Iowa City Railway & Light Co.Supreme Court of Iowa · 1915
3Cited by2 opinions
- Peters v. Burlington Northern RailroadSupreme Court of Iowa · 1992
- Sears v. United StatesUnited States Court of Federal Claims · 2017