City of Kansas City v. Union Pacific Railroad

The opinion of the court was delivered by

Harvey, C. J.:

This is an original proceeding in mandamus in which plaintiff seeks a writ commanding defendants to construct a viaduct on Central avenue over their railroad tracks, as directed by a city ordinance. The defendants have filed separate answers. Plaintiff has filed a motion to determine in advance of trial questions of law, stated as follows:(1) Does the motion for the writ state actual facts or grounds sufficient to warrant the issuance of the writ?(2). Does the alternative writ state facts or grounds sufficient to warrant the issuance of a…