Omaha & Republican Valley Railway Co. v. Cook

We are by means of a supplemental motion for a rehearing asked to modify the proposition stated in the second paragraph of the syllabus of the opinion filed herein November 8, 1894. (See ante, page 577.) It is said that the rule therein asserted is oppressive and calculated to greatly interfere with the running of trains, and embarrass railroad companies in the transaction of their business as common carriers; and, as said in the brief accompanying the motion: “If such be the rule, trespassers are in control— if they choose to be — of the tracks and premises of railroad companies, and the…