City of Iola v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

In this action the city of Iola asks a peremptory writ of mandamus to compel the Missouri Pacific Railway Company to build a bridge at the intersection of Walnut and Benton streets in that city.

The railroad was built through Iola in 1881, and preliminary to its construction the city enacted an ordinance granting to the company the right to build its road along Benton street, which runs east and west. The grant .was made on the condition “that said railroad company constructs and maintains suitable crossings on said street and all points…