City of Lansing v. Chi., M. & St. P. Ry. Co.
Citation | 85 Iowa 215,52 N.W. 195 |
Court | United States State Supreme Court of Iowa |
Decision Date | 17 May 1892 |
Parties | CITY OF LANSING v. CHICAGO, M. & ST. P. RY. CO. |
85 Iowa 215
52 N.W. 195
CITY OF LANSING
v.CHICAGO, M. & ST. P. RY. CO.
Supreme Court of Iowa.
May 17, 1892.
OPINION TEXT STARTS HERE
Appeal from district court, Allamakee county; L. O. HATCH, Judge.
This is an action at law to recover the sum of $700 in the way of penalty for the alleged violation of an ordinance of the plaintiff city. There was a demurrer to the petition, which was sustained, and plaintiff appeals.James H. Trewin, for appellant.
Noble & Updegraff, for appellee.
ROTHROCK, J.
The ordinance under which plaintiff seeks a recovery is as follows: “Be it ordained by the city council of the city of Lansing, Iowa: Section 1. That the Chicago, Milwaukee & St. Paul Railway Company is hereby required to station three flagmen in the city of Lansing, Iowa, where their railway track or tracks cross the public highways and streets. One of said flagmen shall be stationed at the railway crossing in North Capoli, (now in said city of Lansing,)at or near the stone building formerly used for a grist mill, and being nearly opposite the Village Creek road where the same intersects with Front street; one of said flagmen to be stationed at the crossing of Main and Front Sts., and one of said flagmen to be stationed at or near where the railway crosses Front street, about the steam saw and lumber mill owned by W. A. Manger; and that said flagmen shall be at their stations from six A. M. to eight P. M. each and every day except Sundays. When said railway company runs its train or trains on Sunday said company are required to station its flagmen at said crossings. Sec. 2. If said company fails or refuses to keep said flagmen at such stations as provided in section one of this ordinance, it shall forfeit ten dollars for each and every day said flagmen are absent from said duty to said city of Lansing, which sum may be recovered by action in the name of said city, and for its use and benefit. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication as provided by law. Passed and approved this 27th day of May, A. D. 1886.” It is averred in the petition that the defendant “failed and refused to station a flagman at or near the crossing named in said ordinance as being near where the railway crosses Front street above the steam saw and lumber mill owned by W. A. Manger, each and every day from the 12th day of October, 1888, up to the 21st day of December, 1888,--in all seventy days,--in violation of the provisions of said ordinance. That no part of the penalty forfeited by reason of such failure has been paid, but the whole amount, to wit, the sum of seven hundred dollars,...
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City of Lansing v. Chicago, Milwaikee & St. Paul Railway Co.
- United States
- Iowa Supreme Court
- May 17, 1892