Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-06-20

- puolSo = - soo0s Tor ~ to1oSs
1ees seee 80 pospesss 81 sssssss.
. The asshesiSjes ase sbundoos, H.
eee Legislassse - oAe eushosisiee 81 eie
~. esve power - crest - ssilroel
eeopasis', ~ sigh' . ~ soseets, ],
cities Tor rsilroed purposes.
ITO sllow . essees 20 be usod Tor
Rsilrosd track, either on it, sstura
sesfsce OF b. lssssllieg, 10 nos nisap
plioasioa OF IL; provided, sush use dos
NOS ioterfsrs With the free cod aaob
ssrecssd us Of il. BY The pablis, -
public Aiehwsy."
Adams % Ser, 4 W.R.
R. Co., IL Barb. Il.
Plus.vs Long I. R.R.Oo. 10 d
9Psiss g:
L. 9 III
Drake % Hadsos r r R 90 I Bsrb. sou
wi!'isns vsN N. Y. Cen.
kRCo. Is Rarb 22s
Chapman ~ Alta,y 4
Sohen K X 10 Bsrb. 36(
BY the Charter Of the City, The Conn.
OIL have, also, the exclusive right "a
regulate the use OF the streets. They
hsvs the power to cay 10 whss way they
nay Do osed, to prom 70 tho best inter-
ssss OF the e'ty; land what will 90 pro'
mote those interests, 10 TO be dessrmi ned
oy the municipal suthorisies. 70 whom
the control OF the ssreets 10 com ujsted. 81
Willisns ~ RR I8 Rarh. GAG
Chapman % RR 10 Ran. 36a
IL 10 also held, that The use Of . Rail
Road 10 . street, 10 one Of she modes OF
enjoying public easement, % veil ~
oy horses end vehicles, sad The ooly 70.
ssricsion 10, that suoh use must NOS DO
utterly incompatible With, or subversive
lishsd.
See Drake " Hadsos r R
r 20. Barb sos Cited
Chapman " B B 90. 10 Barb 364
"Ths use OF . sssees for Rsilseed
oonsists merely in adapting it, surface
70 . part cular mode Of oonveysnoe.
end when 90 adapted, The running Of .
Railroad Car 10 no moro On exclusive
appropriation Of the strset, than the
running Of any. other species Of convey
aooe would b. II the additional fsciii.
ties for passage will have the effect Of
increasing the nee Of the street. and
esuse some inconvenience TO persons re-
siding or doing business 10 ito nsiehbor.
hood-if it 10 not diverted from The pur.
press for which il wss opened and laid
o1s-no right Of any person will be Vi.
Gases cited saprs.
BY the Constitution Of the State. Art.
ist, SEQ. Is. it 10 provided, that private
property shall not b taken for public
use without just compensation. Under
. similar prosis Of tho Constitution
o. the United States, itbssn held; that
the provision refers only to taking pri.
vste propert', aud not against injuries
TO such property when not taken. y.
Owners OF property have no exclusive
rights to. or property in, the street,
Their right consists in The use. benefit
and enjoyment Of the streets, for tho
legitimate uses OF tho streets. And
when . Railroad, under the Legislative
authority and the authority Of the city
use the street, no compensation need DO
made to the owners Of property fronting
on the street.
Radcliffe CITY Of Brooklyn 4, Ooustock
IS. Drake " r r. Williams " X r.
Chapman " r r., aud other cases cited.
Neither 10 the Rsilrosd Co. liable to the
property owners, for consequential dam.
ages sustained BY persons owning land
sdjsoent to the street, arising from their
manner OF using it: Provided, tho au-
thority given 10 exercised with proper
skill and care; nor can On action be
maintained against Railroad company
for injuries srising necessarily from tho
exercise Of lawful grant. 4 Comstock |
1876.
Williams " b r Co. Is Barb PAT |
10 Barb 800 |
Nor arc the company liable for the
Inconvenience arixing from the noise
and smoke and frequency OF passing
trsins-tbey arise necessarily from the
use OF Railrosd-Same Csses.
We are Of opinion, however, that
when permission he's been given BY com. |
petent authority. to . Railroad Company,
to use street 10 . city-for laying |
down track for Railroad purposes, the
Railroad Company are bound to do their
work with proper care and skill; and in
case they have changed the grade, or
surface Of the street, made culvsrts or
pits, they are bound to repsir it, 90 -
not UNNECEssARILY to impair its useful.
nees 90 far % tho same can be done,
conaistently With their right TO uss it for
Railroad purposes; and that, although
they are not lisbls for any consequsn-
tisl damages, arising necessarily from
the exercise Of . lawful right, yet they
are liable to oil persons injured, for oil
acts done BY them when proper skill and
ordinary care and prudence, have not
been used.
We have been thus explicit, because
is'has been oontended that the Railroad
company had no right to use 5sh street,
and the City Council no authority to
grant them the right.
Tho next question which arises, IL,
have the Railroad Co. made themselves
iisble to the property owners, for not
complying With the contract made Do.
tween them aud the Council 10 1858, and
have the city tho power to relesee the
Railroad Co. from their obligation to
grade and pave tho streets. No TINE 10
epeoi6ed 10 the contract, and il 10 quee-
ton what would be - RsAsoNABLs time.
We vera not aware Of any demand made
by the city authorities. requiring the rail
Road Co. to COMPLY With their contract,
until sftss the election Of the present
Mavor.
What riehts AID benefits, IL any did
the property owners acquire in tho coo-
tract made between the city and the Rsil
road Co, in respect to the grading and
paving OF 5th street
II the new contract 10 perfected, On
injunction against the city would be use'
less; but il 10 doubted whether the courts
have the power to restrain . legislative
body from passing . Law which they,
(ths eourts) may deem institutional
10 the case Of IN action brought bv 90
owner Of property 10 N. York, against
the Common Council OF that cisv, the
Supreme Court grated sn injunesion
s9s,nst The Mayor and Aldermen, pro.
hibiting them from granting to Sharpe
sed bic sssocistss, The right to 10y down
Railrnad track in Broadway, upon the
groand OF freud cad thse Ne eitv we're
Trastsss sotisg for the interests Of prop
srty owners, and should have sesspted
the proposition Of the party who offered
70 pay the largest sum for the grant,