91 Iowa 517 | Iowa | 1894
Where tracks are laid'upon a street already paved, the company shall pay the property owners abutting for the paving between the rails, and one foot outside thereof. And in laying its tracks, said company shall restore said streets, whether paved or not, to as good condition as before the laying down of its tracks thereon; and shall conform to all grades and keep water ways and culverts in good repair at its own expense for the passage of water along or 'across its tracks.” October 30,1886, said ordinance was accepted by said Iowa corporation. On November 2, 1886, the voters of the city of Council Bluffs voted a tax of twelve mills for the purpose of aiding said Iowa corporation “in the construction of a highway bridge over the Missouri-river at a point commencing at the foot of Broadway street or within three hundred feet thereof, on either side, in the city of Council Bluffs, Iowa, at and opposite the same in Iowa, and terminating opposite the city of Omaha, Nebraska.” March 3, 1887, an act of congress was approved, providing that “the Omaha & Council Bluffs Railway & Bridge Company, an incorporation organized under the laws of the states of Nebraska and Iowa, its successors or assigns, is hereby authorized to construct and maintain a bridge across the Missouri river at the point between the cities of Omaha, Nebraska and Council Bluffs, Iowa, and at least one third of a- mile from any other bridge, as shall best promote the public convenience and welfare.”
Such are, in substance, the material facts upon which we are to determine whether the lower court erred in rendering the judgment that it did.
Our conclusion is, that the judgment of the district court, as to the defendant, the Iowa corporation, should be reversed, and that the judgment as to the Nebraska corporation should be modified so as to take