State v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. H. E. Deemer, Judge. This is an action in equity brought to enforce an alleged order of the railroad commissioners requiring the defendant to build a bridge over its railroad track at such a height as that trains on the railroad may pass under the bridge.
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Appeal from Pottawattamie District Court. — Hon. H. E. Deemer, Judge. This is an action in equity brought to enforce an alleged order of the railroad commissioners requiring the defendant to build a bridge over its railroad track at such a height as that trains on the railroad may pass under the bridge. Upon a trial in the district court, it was found that such an order was made, and that it was reasonable and just, and should be complied with, and the defendant was ordered and decreed to erect and keep in repair a bridge, and that one Thomas McDonald should grade and build the approaches or…
1Opinion of the CourtRothrock, J.
1. Railroad commissioners: orders: reasonableness: overhead crossing: evidence. I. The proceeding upon which this suit is founded was commenced before the railroad commissioners by one Thomas McDonald. It appears that he is the owner of a farm of one hundred and sixty acres, through which the main line of the defendant’s *306railroad, running across the state from east to west, is located and operated. The railroad was constructed in the year 1882, and it crosses the farm in a straight line, running nearly east and west, and about thirty rods south of the north line. McDonald’s farm buildings are…
2Cases cited1 opinion
- State v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1892
3Cited by5 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Guinn v. Iowa & St. Louis R.Supreme Court of Iowa · 1904
- Lowden v. Iowa State Commerce CommissionSupreme Court of Iowa · 1940
- O'Malley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
- Lowden v. Iowa State Commerce CommissionSupreme Court of Iowa · 1940