196 F. 777 | 8th Cir. | 1912
Under a contract made in 1905 the city of Osceola, Iowa, vacated and conveyed to the railroad company in fee certain street crossings over the railroad right of way and tracks. In consideration of this the company at a cost of about $50,000 constructed two subways under its tracks, an overhead footbridge and a sidewalk, and also acquired and dedicated to the city other ground for public use. In 1909 the city council decided to open two of the vacated streets, but in narrower width than formerly, adopted an ordinance to that effect, and started condemnation proceedings. The company obtained an injunction in the Circuit Court, and this appeal by the city followed.
No fraud on the part of the city council is charged, but simply that the contract of 1905 contemplated that the company should have, the continuous and uninterrupted exclusive use of the streets vacated and conveyed to it, and that the reopening of any of them for public travel would cause it irreparable damage. But we find no provision in the contract by which the city renounced for the future the power conferred by the Regislature to open and extend streets, and for that purpose to exercise the power of eminent domain, and in such an important matter none should be lightly inferred. The company may have relied upon (lie sufficiency of the crossings it constructed under the contract and the belief that no others at grade would be again established, but it is another thing to infer that the city bartered away
The decree is reversed, and the cause is remanded, with direction ’to dismiss the bill.