Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-03-27

JAxks WARD vs.. Tus MrssiesIpri Axp M,.sous,
skuIseAp CsgrASY. Mstrict Court OF the
n,ted >. Aes for the bistrict Court OF Iovs
THE Gauss came on tsf hearing at this term
uten the bill, answer and replication, the
smsndments to the bill and snswer, the proof
and exhibits, and vas argued by counsel. and
thereupor, upon consideration thereof it vas
ordered. sdjudged and decrssd, - follows, viz
that that portion Of the railroad bridge scross
the Mississippi river ct or near Davenport.
within the State of Iowa. being . part Of the
bridge commonly called the Rock leland
Bridge, and which il . part Of the Mississippi
aud Missouri Railroad, 10 common put nc
nuisance, snd . material impediment and OF
s,ruction to the navigation Of the said river by
steamboat and other craft that % much
thereof ~ 10 within the State Of Iowa, tO-wit
al the piers bet wesn the long or turntsbls pier
and the Iowa shore, was ct the time OF hling
the said BILL and has ever snce been the pro-
per,y of the defendant and IN the possession
and under the control of the defendant; that
the complainant vas st the time Of filing his
bill, and for long time prior thereto had been.
. beat owner and navigator OF the Mississippi
river by steam. and commander OF steam
boats 10 the trade from st. Louis to st. Paul,
and 90 continued at the time OF thi. decree i;
that he Vas. ., the time Of filing his bill. the
ewsgo, Canada and Pembina, set out 10 the
Amendment 10 his bill. and that they were o
the value therein stated, and was the COM
mander Of the CaLads, and continued such
owner and commander to the time OF this de-
cree that he vas, ct the time OF filing this
bill, engaged with said boats in the ssid trade,
carrying freight and passengers. and % con-
tinued during the time last Aforesaid: that the
said boats we're during all that time. duly fit
ted up, manned. equipped. inspected, licensed
and enrolled under the Laws Of the United
States, relating to vessels propelled in whole
or part BY steam, and carrying freight and
passengers, and to those relating to the coast
ing trade and Fl 'hsriss, and we're being used
by the complainant 10 carrying on commerce
in said trade under said laws - common car
risrs Of passengers and merchandise; that -
such owner, commander. navigator and COM
mon carrier. the complainant, at the time Of
filing HE bill. had and continues to have .
special aud peculiar interest in the navigation
Of said river between the points aforesaid and
bridge 10 located that ssid bridge is
material and serious damage, hind
rance and obstruction to him in his sale bus-
ness as navigator and owner Of steamboats,
engaged in said commerce, and that he has
suffered large and irrepsrable injury there.
from at the time he filed his bill. aud continues
to suffer such injury, and for which there vas
and is no adequate remedy ~ law; and that
he 10 entitled to have said bridge abated and
removed, and the river restored to it's original
condition.
Aud the Court does further order, adjudge
and decree that the defendants abate and re-
move all of the said piers within the State OF
Iowa, together with tho supsrstructurs there
on. ON or before the FIRST day Of October next
and said defendants commence said abatement
and removal within thirty days from the entry
of this decree. and proceed Herewith % rapid
ly as it may reasonably be done that they
remove the pier next to the long pier, on or
before the first day Of July next. aud the re-
mainder of it by the fret day Of October next.
1t is further ordered. adjudged aud decreed
that, in default Of said abatement and removal
a. aforesaid, 40 order issue to the Marshal
OF the District. requiring him to abate and
remove the same, % Is herein before provided,
and that he summon to his aid all necessary
and proper assistance therefor
1t is further ordered. adjudsed and de-
creed. that eaid removal be made at the
costs Of the defendants. and said defendants
pay all the costs which have nov &C.
crued. taxed ct -, within ninety days
from the entry Of this decree. and any and all
other and further costs in executing this de-
cree, from time to time, - they shall accrue.
and within forty days from the time Of their
taxation; and in default Of the payment Of the
costs as Aforesaid, that execution issue there
for.