STATE v. UNION PACIFIC R. CO.

No. 32729.

42 N.W.2d 867 (1950)

152 Neb. 772

STATE ex rel. CITY OF GRAND ISLAND v. UNION PACIFIC R. CO.

Supreme Court of Nebraska.

June 8, 1950.


Attorney(s) appearing for the Case

T. W. Bockes, C. B. Matthai, George Holdrege and R. B. Hamer, all of Omaha, Suhr, Pierce & Cronin, Grand Island, for appellant.

Harold A. Prince, Walter P. Lauritson, and E. Merle McDermott, all of Grand Island, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL and WENKE, JJ.


CHAPPELL, Justice.

On February 1, 1949, relator authoritatively filed this action in mandamus to compel respondent railroad company, owning and operating its tracks across the city's streets, to construct an underpass or subway viaduct under such tracks, across Sycamore Street, as required by the provisions of section 16-656 et seq., R.S.1943.

An order was entered on February 1, 1949, allowing an alternative writ of mandamus, which writ was issued and duly...

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