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CHICAGO AND NORTHWESTERN RAILWAY CO. v. FACHMAN

No. 50956.

125 N.W.2d 210 (1963)

CHICAGO AND NORTHWESTERN RAILWAY COMPANY, a corporation, Plaintiff, v. Honorable John M. FACHMAN, a Judge of the Municipal Court of the City of Sioux City, Woodbury County, Iowa, Defendant.

Supreme Court of Iowa.

December 10, 1963.

Attorney(s) appearing for the Case

Davis, Huebner, Johnson, Burt & Fulton, Des Moines, for plaintiff.

Evan Hultman, Atty. Gen. of Iowa, and John H. Allen, Asst. Atty. Gen., for defendant.

LARSON, Justice.

This case arises as a result of the filing of a county attorney's information in the Municipal Court of Sioux City charging the Chicago and Northwestern Railway Company with a violation of the criminal provisions contained in sections 477.51 and 477.52, Code of Iowa, 1962, I.C.A. The court overruled the company's demurrer specifically attacking the constitutionality of those sections insofar as they undertook to create a criminal offense, on the ground...

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