Chicago, M. & St. P. Ry. Co. v. Incorporated Town of Lost Nation
District Court, S.D. Iowa
In Equity. Suit by the Chicago, Milwaukee & St. Paul Railway Company against the Incorporated Town of Lost Nation, Edward Christiansen, Mayor, and L. Balster, R. E. Cressey, J. E. Gilroy, and W. J. Schultz, Councilmen of said town, and William E. Dougherty, Sheriff of Clinton County, Iowa.
1Opinion of the Court
WADE, District Judge.
The plaintiff seeks to enjoin the talcing of a portion of its right of way and depot grounds for street purposes. The validity of the ordinance establishing the street in controversy is disputed, and it is contended that, even if the ordinance is valid, the power of eminent domain granted to cities and towns by section 880 of .the Code of Iowa, does not enable the defendants to condemn for a public street the property of the plaintiff which is already/ owned and used for othér inconsistent public'purposes. Upon the property sought to be condemned is located the depot of…
2Cases cited27 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907
- Scott v. DonaldSupreme Court of the United States · 1897
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Smith v. AdamsSupreme Court of the United States · 1889
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3Cited by4 opinions
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- City of Norton v. LowdenCourt of Appeals for the Tenth Circuit · 1936
- Delaware & Hudson Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1931
- Norfolk Southern R. v. StricklinDistrict Court, E.D. North Carolina · 1920