St. Louis Railroad v. Southern Railway Co.

*578CONCURRING OPINION.

Thomas, J.

In addition to the statement of facts made by Black, J., in the case of Union Depot Ry. Co, v. Southern Ry. Co., ante, p. 562, I will state such other facts as are necessary to a full understanding of the questions involved.

From the pleadings and evidence it appeared that, after the charter of the city w'ent into effect, said St. Louis Railroad Company accepted from the city, in the manner therein required, ordinance 12477, approved March .27, 1883, of which ordinance the following sections, numbered 4 and 5, are part: “ Sec. 4. The St.

Louis Railroad Company shall…