Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1899-02-09
TO ENJO1N NEW ROAD.

TO ENJO1N NEW ROAD.
Nonpariel: The fight between
the Northwestern end the Fort
Dodge & Omaha, OF, more proper
ly, the Illinois Central, has been
carried into the federal court in
two suits commenced by the
Northwestern yesterday. The
Northwestern wants to enjoin the
Central in its condemnation pro-
ceedings for crossings over it's
tracks at Loveland in this county
and at Woodbine in Harrison
county. 1t also asks the court for
la decree instructing the Central
to put in overhead crossings at
both points. A temporary injunc-
ton has been granted by Judge
Woolson and the application for q
permanent injunction will be
heard by him in chambers at Des
Moines Friday, February 10, at 9
q. NJ.
In the case of the contention
over the crossing at Loveland the
suit is against the Northwestern,
John s. Morgan, sheriff, and w.
81. M. Pussey, Thos. Bowman, T.
j. Evans, II. W. Binder, John
Beresheim and Spencer Smith,
members of the sheriff's jury for
this county. The defendants in
the case on the Woodbine crossing
are the Northwestern, j. L. Skel-
ton, sheriff of Harrison county,
and Chas. F. Luce, Gee. w. Nc
Cold, Henry Haskins, A. B. Case,
j. M. Kennedy and E. II. Barrett,
members of the sherif's jury In
that county.
II NORTHWESTERN CLAIMS.
The pleadings in both suits are
practically the same. In part the
| Northwestern states for cause Of
action:
"Your petitioner owns and
operates, and has for more than
thirty years operated main line
of railway from the city of Chica-
go to the city of Council Bluffs,
where it connects with the Union
Pacific railway, this forming an
important line, with its eastern
and western connections, in q
trans-continental railway system
from the Atlantic to the Pacific
ocean. The traffic over said line
is large and is increasing yearly,
and requires the running of many
and fast trains each way daily, at
some seasons of the year as many
as fifty trains per day. That, on
!, account of the large and increas-
ing traffic of your petitioner, ii
. has begun the double tracking Of
its line from Chicago to Council
Bluffs, and has already completed
its double track from Chicago to
lama, Ia, and during the coming
season intends to lay it's second
track from Tama westward for
some distance and from Missouri
Valley to Council Bluffs. On &C.
count of the extent and import
anoe of the traffic, in order to
serve Che government of the Unit
I cd States in the carriage of it's
mails. it is necessary that it run
many of it's trains at the highest
} rate of speed attainable with safe
ty, and make the quickest possible
time between its terminal points.
In view of these facts, anything
which tends to decrease the speed
attainable on its line of railway,
or increases the time necessary to
be consumed by its fast trains
r from Chicago to Council Bluffs,
. greatly damages your petitioner
, and the value Of it's said line OF
railway.
r DANGEROUS AND EXPENSIVE.
"Your petitioner further shows
that there are now eleven railways
which cross with their tracks the
said main line of your petitioner
{. in Iowa at grade; that these cross
ings are constant elements Of dam
, ger to human life, and cost in the
operation of your petitioners rail.
way, and are permanent obstruc-
/ lions to the operation of it's traina
at the continuous high rate OF
speed essential to the performance
, of ite duty to the public and the