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NORTHERN PACIFIC RAILROAD v. WASHINGTON TERRITORY EX REL. DUSTIN

No. 24.

142 U.S. 492 (1892)

NORTHERN PACIFIC RAILROAD COMPANY v. WASHINGTON TERRITORY ex rel. DUSTIN.

Supreme Court of United States.

Decided January 4, 1892.

Attorney(s) appearing for the Case

Mr. A.H. Garland for plaintiff in error. Mr. James McNaught and Mr. H.J. May were with him on the brief.

No appearance for defendant in error.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

A writ of mandamus to compel a railroad corporation to do a particular act in constructing its road or buildings, or in running its trains, can be issued only when there is a specific legal duty on its part to do that act, and clear proof of a breach of that duty.

If, as in Union Pacific Railroad v. Hall,

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