State v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. John J. Ney, Judge. This action was commenced with the railrqad_.commissioners as plaintiffs, and the state subsequently substituted. It is an action to enforce an order of the railroad commissioners to the defendant company for the switching of ears from the station at Dubuque, Iowa, to Eagle Point, a place within the city of Dubuque.
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Appeal from Dubuque District Court. — Hon. John J. Ney, Judge. This action was commenced with the railrqad_.commissioners as plaintiffs, and the state subsequently substituted. It is an action to enforce an order of the railroad commissioners to the defendant company for the switching of ears from the station at Dubuque, Iowa, to Eagle Point, a place within the city of Dubuque. The necessary facts are as follows: Fendler & Schwaegler is a firm doing a business of burning lime at Eagle Point. The firm contracted with the Niagara Fuel-Oil- Company, of Lima, Ohio, for fuel oil for use in its…
1Opinion of the CourtGranger, J.
From the record we find three ways of operating or moving cars on railways, — by “regular trains,” by “extra” or “special” trains, and by switching. Trains, whether regular or special, are generally upon the main line, and under orders from a train dispatcher. Switching is done by a crew with an engine, and is under the direction of a yard master, and within *449fthe yard limits. If the engine goes outside of the yard limits, it is under special orders, the same as a special train. Within the yard it is operated under general orders to the yard master to keep out of the way of regular trains on…
2Cited by2 opinions
- Byington v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1914
- Sparta Gas & Electric Co. v. Illinois Southern Railway Co.Appellate Court of Illinois · 1910