Chicago, Burlington & Quincy Railroad v. State ex rel. City of Omaha
Nebraska Supreme Court
Error from the district court of Douglas «county. Tried below before Ambrose, J. The opinion contains a statement of the case. The provisions of section 48 of the city charter do not apply to viaducts existing at the time they went into operation, but to those only to be thereafter constructed.
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Error from the district court of Douglas «county. Tried below before Ambrose, J. The opinion contains a statement of the case. The provisions of section 48 of the city charter do not apply to viaducts existing at the time they went into operation, but to those only to be thereafter constructed. (Gimo Heong v. United States, 112 U. S., 559; State v. Stein, 13 Neb., 530; Bart-ruff v. Tierney, 15 la., -257; McIntosh v. Kilbourne, 37 la., 420; 2 Dillon, Municipal Corporations, sec. 1018; Gity of Lincoln'v. Walker, 18Neb., 244; Gity of Plattsmouth v. Mitchell, 20 Neb., 228; Foxioorthy ■v. Gity of…
1Opinion of the CourtPost, C. J.
This was a proceeding on the relation of the city of Omaha to require the Chicago, Burlington & Quincy Railroad Company, hereafter referred to as the “respondents,” to repair the south one-third of the so-called Eleventh street viaduct, in said city. There was a trial upon issues joined in the district court for Douglas county, resulting in a finding and judgment in accordance with the prayer of the relator, and which has, by appropriate proceedings, been removed into this court for review. •
It is essential to a perfect understanding of the questions discussed to refer in detail to the…
2Cases cited21 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Minnesota v. BarberSupreme Court of the United States · 1890
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
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3Cited by59 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- State v. RedmonWisconsin Supreme Court · 1907
- Nelsen v. TilleyNebraska Supreme Court · 1939
- Hanson v. KrehbielSupreme Court of Kansas · 1904
- May v. City of KearneyNebraska Supreme Court · 1945
54 more not listed; retrieve them via the Exa API.