114 Iowa 502 | Iowa | 1901
Plaintiff has owned and operated a line of railway through Hancock county for more than 15 years. Defendant, a recently organized corporation for running a railway, was at the time this action was commenced engaged in the construction of its roadbed, the projected line of which intersected and crossed the right of way and main track of plaintiff’s railroad. After the issues were fully made up, the plaintiff moved for judgment on the pleadings, which motion was sustained, and the appeal is from that ruling.
“Sec. 2060. Interlocking Switches. When in any case two or more railroads cross each other at a common grade, or a railroad crosses a stream by swing or draw bridge, they may be equipped thereat with an interlocking switch system, or other suitable safety device rendering it safe for engines or trains to pass thereover without stopping; and if such interlocking switch system, or other safety device, shall have been approved by the railroad commissioners, then the engines and trains of such railroad or railroads 'may pass over such crossings or bridge without stopping, the provisions of any other law to the contrary notwithstanding; and the provisions of the three following sections are not applicable in such a case.
“Sec. 2061. Proceedings to Establish. In any case where the tracks of two or more railroads cross each other at a common grade, any company owning one of such tracks and desiring to unite with others in protecting the crossing with interlocking or other safety device, and being unable to agree with such others thereon, may file in the district court of the county in which the crossing is located a peti*505 tion, stating the facts and asking the court to order suck crossing to be protected by interlocking or other safety device. Said petition shall be accompanied by a plat showing the location of all tracks and switches, and upon the filing thereof notice shall be given by the petitioner to every other company or person owning or operating any track involved in such crossing. The court, or a judge thereof if the petition is filed in vacation, shall thereupon appoint a commissioner to examine into the necessity for such system, and report the facts and his recommendation in such a time as the court or judge may direct, and, as soon as practicable thereafter, the court or judge shall appoint a time and place for the hearing of such petition. The proceedings shall be in eqruty, and subject to all the rules of equity practice, except that the court shall require the issues to be made at the first term after the petition is filed, and give the proceeding precedence over other civil business and try the action thereat, if possible.
“Sec. 2062. Decree. After allowing all parties full opportunity to show cause why such system should or should not be ordered thereat, the court shall, if it is found the plaintiff should prevail, enter its decree ordering the establishment of such system as it may prescribe, the time within which it shall be begun and finished, and the proportion of the expense thereof to be paid by each company or person interested in the crossing, and make such division of the costs as may be equitable.”