Annual Report of the Board of Railroad Commissioners for the Year ..., volume 26
Annual Report of the Board of Railroad Commissioners for the Year ..., volume 26
Iowa. Board of Railroad Commissioners
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Baker, Division Engineer. Accompanying the foregoing was a letter from General Manager Williams to the Board, in which he said: I enclose herewith a blue print of the situation, together with a statement from our right of way agent, Titus, and our division engineer, Mr. A. G. Baker ; also a copy of the right of way deed which was given by Mr. O'Brien after a full and fair understanding of all of its conditions. I believe these papers will give you all of the information necessary and convince y...ou that his claim for an under crossing should not be considered. At a subsequent date, a member of the Board had a conference with Mr. O'Brien, at which the situation was gone over. It seems that the deed given by the complainant to the railway company contained the following stipulations: The above grant is upon condition that the said company shall construct and maintain a farm grade crossing at about station 625 as shown by the survey. Also a farm grade crossing at or about station 585. And said grantor for himself and for his heirs and assigns, covenants and agrees that said grant is upon no other consideration than that named herein ; that neither said railway company nor its agents have made any agreement, promise or condition, verbal or written, for or relating to any crossing, passageway, or other privilege, over, across or under said railway, and that all right thereto shall be only as herein stated.
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