Des Moines St. Ry. Co. v. Des Moines Broad-Gauge R. Co.,

CourtUnited States State Supreme Court of Iowa
Writing for the CourtPER CURIAM.
Citation38 N.W. 496,74 Iowa 585
Decision Date04 June 1888
PartiesDES MOINES ST. RY. CO. v. DES MOINES BROAD-GAUGE R. CO. ET AL.

74 Iowa 585
38 N.W. 496

DES MOINES ST. RY. CO.
v.
DES MOINES BROAD-GAUGE R. CO.
ET AL.

Supreme Court of Iowa.

June 4, 1888.


Proceedings for contempt in violating an injunction. For opinions and decree awarding the injunction, see 33 N. W. Rep. 610, 35 N. W. Rep. 602.

[38 N.W. 496]

Parsons & Perry and Kauffman & Guernsey, for plaintiff.

Cummins & Wright and J. H. Detrick, for defendants.


PER CURIAM.

At a prior term of this court, in certain causes therein pending, in which the plaintiff, the defendant railway company, and the city of Des Moines were parties, a decree was entered enjoining and restraining the city of Des Moines, the mayor and marshal thereof, and their successors in office, from “interfering in any way with the construction, extension, or operation, by animal power, of the plaintiff's line of street railway upon any

[38 N.W. 497]

of the streets of the city of Des Moines: provided, this decree shall not be held to operate as a restraint upon the city of Des Moines of a proper police and equitable control over the streets of said city, and the power to make reasonable regulations as to the manner of construction of said lines, the places in the streets where the same shall be located, and the character and extent of service that shall be furnished thereon.” Subsequent to entering such decree, and on the 25th day of May, 1888, when the plaintiff was engaged in laying down its railway track along and upon Grand avenue, a street in said city, the defendant, William L. Carpenter, mayor, and Alfred Jarvis, marshal thereof, interrupted and arrested, or caused to be arrested, men in the employ of the plaintiff, and engaged, under its direction, in laying down said track; and the plaintiff claims that in so doing the said Carpenter and Jarvis are in contempt of the authority and decree of this court, and the object of this proceeding is to punish them therefor. In response to a rule to show cause why they were not in contempt, the said Carpenter and Jarvis admitted they had caused the arrest of the employes of the plaintiff, and had interrupted and prevented it from laying down its track upon said avenue, and justified the same under and by virtue of certain resolutions of the city of Des Moines. It appears from the record that the gauge of the plaintiff's road is three and one-half feet, and that such gauge was adopted, as the plaintiffs claim, under and by virtue of an ordinance of the city, passed in 1866, granting the plaintiff the...

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4 practice notes
  • State ex rel. Cnty. Atty v. Des Moines City Ry. Co.
    • United States
    • United States State Supreme Court of Iowa
    • 22 Marzo 1913
    ...in 73 Iowa, 513, 33 N. W. 610, 35 N. W. 602. Another under the same title was decided later, the opinion being found in 74 Iowa, 585, 38 N. W. 496; and still another, under a different title, came here later, and an opinion was filed, which is reported in Teachout v. Des Moines Broad-Gauge ......
  • State ex rel. County Attorney & Fullerton v. Des Moines City Railway Co.
    • United States
    • United States State Supreme Court of Iowa
    • 22 Marzo 1913
    ...early as the year 1887, the opinion being found in 73 Iowa 513. Another under the same title was decided later, the opinion being found in 74 Iowa 585; and still another, under a different title, came here later, and an opinion was filed, which is reported in Teachout v. Des Moines Broad-Ga......
  • Des Moines City Ry. Co. v. City of Des Moines
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Southern District of Iowa
    • 20 Febrero 1907
    ...and ratified it. Des Moines Street Railroad Cases, 73 Iowa, 513, 33 N.W. 610, 35 N.W. 602; Des Moines Street Railroad Cases, 74 Iowa, 585, 38 N.W. 496. Thereupon the city granted authority to the Broad Gauge Company to operate by electric power; and the courts held that operating by electri......
  • State v. Waltz
    • United States
    • United States State Supreme Court of Iowa
    • 7 Junio 1888
    ...as to injunctions to restrain nuisances, and in some other respects which need not be here particularized. It further provides that [38 N.W. 496]if the existence of the nuisance be established, either in a criminal or equitable action, it shall be abated under an order of the court. 3. It w......
4 cases
  • State ex rel. Cnty. Atty v. Des Moines City Ry. Co.
    • United States
    • United States State Supreme Court of Iowa
    • 22 Marzo 1913
    ...in 73 Iowa, 513, 33 N. W. 610, 35 N. W. 602. Another under the same title was decided later, the opinion being found in 74 Iowa, 585, 38 N. W. 496; and still another, under a different title, came here later, and an opinion was filed, which is reported in Teachout v. Des Moines Broad-Gauge ......
  • State ex rel. County Attorney & Fullerton v. Des Moines City Railway Co.
    • United States
    • United States State Supreme Court of Iowa
    • 22 Marzo 1913
    ...early as the year 1887, the opinion being found in 73 Iowa 513. Another under the same title was decided later, the opinion being found in 74 Iowa 585; and still another, under a different title, came here later, and an opinion was filed, which is reported in Teachout v. Des Moines Broad-Ga......
  • Des Moines City Ry. Co. v. City of Des Moines
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Southern District of Iowa
    • 20 Febrero 1907
    ...and ratified it. Des Moines Street Railroad Cases, 73 Iowa, 513, 33 N.W. 610, 35 N.W. 602; Des Moines Street Railroad Cases, 74 Iowa, 585, 38 N.W. 496. Thereupon the city granted authority to the Broad Gauge Company to operate by electric power; and the courts held that operating by electri......
  • State v. Waltz
    • United States
    • United States State Supreme Court of Iowa
    • 7 Junio 1888
    ...as to injunctions to restrain nuisances, and in some other respects which need not be here particularized. It further provides that [38 N.W. 496]if the existence of the nuisance be established, either in a criminal or equitable action, it shall be abated under an order of the court. 3. It w......

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