Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul Railroad
Supreme Court of Iowa
Appeal from Hamilton District Court — Hon. W. B. Quarton and S. M. Weaver, Judges. Suit in equity to enjoin defendant from crossing plaintiff’s right of way and depot grounds in the town of Storm Lake. A temporary writ was granted by Judge Helsell without notice, and on defendant’s motion Judge Quarton dissolved the writ. The case was thereafter tried on its merits before Judge Weaver, and a decree entered dismissing plaintiff’s petition.
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Appeal from Hamilton District Court — Hon. W. B. Quarton and S. M. Weaver, Judges. Suit in equity to enjoin defendant from crossing plaintiff’s right of way and depot grounds in the town of Storm Lake. A temporary writ was granted by Judge Helsell without notice, and on defendant’s motion Judge Quarton dissolved the writ. The case was thereafter tried on its merits before Judge Weaver, and a decree entered dismissing plaintiff’s petition. From tire order dissolving the temporary writ and the decree on the merits, plaintiff appeals. —
1Opinion of the Court
Deemer, J.' —
I. These parties are each railway companies. In the spring of the year 1899 they had each determined to extend their respective lines into the town of Storm Lake — plaintiff from the north or northeast, and defendant from the south or southwest. Plaintiff first surveyed and staked out its line through the town. Thereafter defendant staked out a line, which will be hereinafter referred to, that *683crossed plaintiff’s line at a point where the station grounds were to be located. A committee selected by the citizens of che town, who were anxious to have both roads constructed, and so…
2Cases cited13 opinions
- Sillyman v. KingSupreme Court of Iowa · 1873
- Arnold v. BrightMichigan Supreme Court · 1879
- Barre Railroad v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1888
- Calvert v. StateNebraska Supreme Court · 1892
- Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
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3Cited by14 opinions
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Hall v. HenningerSupreme Court of Iowa · 1909
- Gray v. Council of Newark & the Newark Water & Electric Co.Court of Chancery of Delaware · 1911
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