Chicago v. Crane

• Decision Date: 02 March 1885
• Citation: 28 L.Ed. 1064,113 U.S. 424,5 S.Ct. 578
• Parties: CHICAGO & N. W. Ry. Co. v. CRANE. 1
• Court: U.S. Supreme Court

113 U.S. 424

5 S.Ct. 578

28 L.Ed. 1064

CHICAGO & N. W. Ry. Co. v. CRANE.¹

March 2, 1885.

It is set out in the petition that the object of the Des Moines & Minneapolis Railroad Company was to construct and operate a line of railroad from the city of Des Moines, in Polk county, Iowa, to the state line, in the direction of Minnesota; that prior to August, 1870, that corporation had surveyed and located the line of its road from the city of Des Moines, in Polk county, through said county via Polk City, in Madison township, and was proceeding to construct the same; that, to aid it in the construction of its road as thus located, a special tax of 3 per cent. on the taxable property in Madison township, under the existing assessment of said property, was voted to said company, upon the condition that its railroad should be constructed and operated from the city of Des Moines, in Polk county, via Polk City, to Ames, in Story county; that the company did construct its railroad accordingly, and operated the same, making Polk City a station on its main and continuous line between said points, and thereupon the said tax was levied, collected, and paid to the company in accordance with the vote, and amounted to about $17,000; that in 1874 Polk county, through its board of supervisors, and according to law, conveyed to said company all the swamp lands of said county, amounting to about 15,000 acres, on the same condition, that the railroad should be constructed and operated from the city of Des Moines through Polk county, via Polk City, and that said company accepted the grant; and that many citizens of Polk City and of Madison township subscribed and paid for stock in said company upon the same condition.

It is further alleged in the petition that said railroad was constructed and operated on the original line through Polk City, which was the largest and most important station on the railroad between Des Moines and Ames; that in the year 1879 the defendant, the Chicago & Northwestern Railway Company, leased the said line of railroad and came into possession of all the franchises and privileges of the Des Moines & Minnesota Railroad Company, and has changed the line and location of said railroad, and has built and is now operating its main line of road about two miles east of Polk City, on an entirely different line from that upon which it was originally constructed, and in violation of its obligations and duty, contrary to the terms and conditions upon which the said taxes were voted, the said swamp lands conveyed, and said stock subscriptions made, and to the damage and injury of the citizens and property owners in Polk City.

The prayer of the petition is as follows: 'Wherefore, plaintiff demands that defendants be required to reconstruct and operate the main line of said railroad upon the line originally constructed, running from the city of Des Moines, in Polk county, Iowa, north, via Polk City, to Ames, in Story county, Iowa, making Polk City a station on the said main and continuous line of railroad from the city of Des Moines, Iowa, to Ames, Iowa, and that same be constructed and operated in full compliance with the terms and conditions upon which the taxes were voted and paid, swamp lands conveyed, and subscriptions paid as aforesaid, and prays a peremptory writ of mandamus, commanding the said defendants to forth with comply with the above demands, and for such other remedy and relief as may be lawful and proper in the premises.' To this petition there was filed a joint demurrer, and also a joint answer, on June 8, 1883. In the answer, among other things, the following matter of defense is set out:

'And for further answer and defense to plaintiff's petition defendants say: About the year 1879 the Chicago & Northwestern Railway Company leased the Des Moines & Minneapolis Railroad, then constructed and in operation from the city of Des Moines via Polk City to Ames, and thence north to Story City, in Story county, a distance of about (58) fifty-eight miles, and during the said year the Chicago & Northwestern Railway Company became the owner of all the stock, franchises, and privileges of the Des Moines & Minneapolis Railroad Company, and has ever since and now owns, holds, and controls the same, and operates said railway as a part of the system of the Chicago & Northwestern Railway Company. At the time of the construction of said railway, and the acquisition of the same by the Chicago & Northwestern Rail- way Company, said railroad between Des Moines and Story City was a narrow-gauge road, and during the years 1880 and 1881 the defendant, the Chicago & Northwestern Railway Company, changed the gauge to a standard guage, relaid the same with new steel rails and ties, making the same a first-class road. The narrow-gauge road was not a first-class road in any respect, very little grading having been done, and running mainly over the top of the ground, with the surface nearly in its natural and native condition, there being very few cuts and very few fills, and the road, as a whole, as it then existed, was of very little benefit to any towns along it or to the company which owned it, and the road was wholly unable to earn operating expenses and a reasonable interest upon its cost.

'The Chicago & Northwestern Railway Company extended the line from Story City to Jewell Junction, and thence north through Webster City, Eagle Grove, Algona, and to the state line north at Elmore, where the same connects with a through line, now controlled and operated by the Chicago & Northwestern Railway Company, known as the Chicago, Minneapolis, St. Paul & Omaha Railroad, thus making a through and continuous line, and very direct, from the city of Des Moines to the cities of Minneapolis and St. Paul. The said road is built and constructed as a first-class road, with steel rails and easy gradients, and is capable of and is doing a large amount of through business and traffic. These defendants say that, with a view to making such a first-class road, it becomes absolutely essential and necessary to change the line so the same should run about two miles or two miles and a half east of Polk City, in order to avoid a very heavy grade of about 85 feet to the mile for three miles, going down into Polk City, and about the same distance and grade going out of it. The grade is not only ver heavy, but the curves necessarily very great, and an engine capable of hauling 25 to 30 cars on the present line as constructed east of Polk City could only haul, at most, ten to twelve cars over the line via Polk City. In view of this condition of affairs and the impracticability of operating the road through Polk City, the Chicago & Northwestern Railway Company, in the summer of 1880, made overtures to the people of Polk City to change the line to its present location.

'After many conferences and public meetings in the town of Polk City, the citizens of said town agreed with the Chicago & Northwestern Railway Company that if said company would build a broad-gauge road from a point about two miles north-east of Polk City, into the town, and change the location of their depot to a point more convenient for the citizens of Polk City to do business, both as to passengers and freight; to run two passenger trains from the main line to Polk City, on their way from Des Moines to Ames,—two mixed passenger and freight trains each day; move all freight promptly, with no greater charge for freight or passengers than if Polk City were on the main line; would also build and maintain good and sufficient stock-yards, in the vicinity of the depot in Polk City, to accommodate all shippers, etc.; would transport free...