Buffington Wheel Co. v. Burnham
Supreme Court of Iowa
Appeal from Des Moines District Oov/rt. Action in chancery. The petition prays that defendants may be enjoined and restrained from laying down a switch and side-track, connected with the Chicago, Burlington & Quincy Railroad, upon certain streets in the city of Burlington. A preliminary injunction in accord with the prayer of the petition was allowed. From the order allowing the injunction defendants appeal.
1Opinion of the CourtBeck, J.
I. The petition alleges that the council of the city of Burlington, on the 5th day of June,-.; 1882, adopted an ordinance authorizing the defendants, N. R. Derby & Co. and J. R. Burnham & Co., to build a sidetrack from the Chicago, Burlington & Quincy Railroad, across Washington, Boundary and Columbus streets, passing the mills of the last named firm; that plaintiffs own, and some of them occupy for manufacturing purposes, lots located upon Boundary and Osborn streets, in the vicinity of the proposed side-track; “that the passage of the ordinance was not in the public interest, nor demanded…
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