State ex rel. Dawson County v. Farmers & Merchants Irrigation Co.
Nebraska Supreme Court
Error from the district court of Dawson county. Tried below before .H. M. Sullivan, J. Section 58, article 2; chapter 98a, Compiled Statutes, exempting irrigation companies from the operation of the general law requiring certain corporations to maintain crossings at public highways, is not unconstitutional as granting special privileges to respondent.
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Error from the district court of Dawson county. Tried below before .H. M. Sullivan, J. Section 58, article 2; chapter 98a, Compiled Statutes, exempting irrigation companies from the operation of the general law requiring certain corporations to maintain crossings at public highways, is not unconstitutional as granting special privileges to respondent. The legislation is not special, but it applies alike to persons having lands subject to irrigation, and to which water may be supplied. Its provisions are co-extensive with the boundaries of the state. Where a law is general and uniform,…
1Opinion of the CourtSullivan, J.
This was an application by the plaintiff in error to the district court for a writ of mandamus to compel the Farmers & Merchants Irrigation Company to repair and maintain the bridges crossing its irrigation canals on the public roads in Dawson county. The relator bases its claim to the writ upon section 110, chapter 78, Compiled Statutes, 1897, which is as follows: “Any railroad corporation, canal company, mill owner, or any person or persons who now own, or may hereafter own or operate, any railroad, canal, or ditch that crosses any public or *3private road shall make and keep in good repair…
2Cases cited2 opinions
- Johnson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890
- State ex rel. McCue v. Sheriff of Ramsey CountySupreme Court of Minnesota · 1892
3Cited by26 opinions
- United Community Services v. Omaha National BankNebraska Supreme Court · 1956
- State ex rel. Foot v. BazilleSupreme Court of Minnesota · 1905
- Elder v. DoerrNebraska Supreme Court · 1963
- Grainger v. Douglas Park Jockey ClubCourt of Appeals for the Sixth Circuit · 1906
- Safeway Stores, Inc. v. Nebraska Liquor Control CommissionNebraska Supreme Court · 1966
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