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BD. OF SUP'RS, CARROLL CTY. v. CHI. & N. W. TRANSP. CO.

No. 2-58907.

260 N.W.2d 813 (1977)

BOARD OF SUPERVISORS, CARROLL COUNTY, Iowa, Appellee, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant.

Supreme Court of Iowa.

November 23, 1977.

Attorney(s) appearing for the Case

Frank W. Davis, Jr. and T. Scott Bannister, of Gamble, Riepe, Burt, Webster & Fletcher, Des Moines, for appellant.

William G. Polking, Carroll, for appellee.

Heard by MOORE, C. J., and RAWLINGS, REES, HARRIS and McCORMICK, JJ.

RAWLINGS, Justice.

By mandamus action plaintiff county seeks to compel repair and maintenance by defendant railway company of a bridge previously declared unnecessary by Iowa Commerce Commission. Defendant appeals from trial court adjudication for plaintiff. We reverse.

The Town of Arcadia lies just north of Highway 30 in Carroll County. It is connected with Highway 30, the main east-west county thoroughfare, by Highway 285. Parallel to and about 100 yards...

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