CONNOLLY v. DES MOINES & CENTRAL IOWA RAILWAY CO.

No. 48429.

68 N.W.2d 320 (1955)

John CONNOLLY, III, and Buell M. Lindgren, Appellees, v. DES MOINES & CENTRAL IOWA RAILWAY COMPANY, Appellant, City of Des Moines, Iowa, Intervenor-Appellee-Appellant.

Supreme Court of Iowa.

Rehearing Denied April 8, 1955.


Attorney(s) appearing for the Case

Bannister, Carpenter, Ahlers & Cooney, Des Moines, for appellant.

Emmert, James, Lindgren & Eller, Des Moines, and Connolly, O'Malley & McNutt, Des Moines, for appellees.

Harold Newcomb and John A. Blanchard, Des Moines, for intervenor-appellee-appellant.


MULRONEY, Justice.

Plaintiffs sought to enjoin the defendant's condemnation of a railroad right of way and the city of Des Moines intervened. All parties appeal from portions of the trial court's decree. We will state the facts as we present the issues between the parties.

About a half century ago an electric trolley railroad then called the Inter-Urban Railway Company, which ran into Des Moines, decided to construct a branch from its Beaver Valley substation...

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