43 Iowa 133 | Iowa | 1876
The referee reported that the plaintiff is entitled to a decree requiring the defendant to build a side track for the use of the plaintiff. The District Court confirmed the decree. As the petition merely prays for an injunction restraining the defendant from interfering with plaintiff’s use of defendant’s track, we would not be justified in decreeing that defendant shall build a new track. If he should buiid such track (except the furnishing of the iron for the track across the land in said section No. One, conveyed to Parsons & Webb), then the plaintiff should be required to use such track instead of the present track. With the modification above set forth, the decree of the District Court is
Affirmed.