City of Tulsa v. Midland Valley R.

MURRAH, Circuit Judge.

In April 1946, the City of Tulsa, Oklahoma, by appropriate resolution, declared' its 5th street to be an arterial highway and directed the City Engineer to notify the-Midland Valley Railroad Company to restore the crossing at 5th street to the condition existing prior to the time it was closed in 1928 by an order of the State-Corporation Commission. When the Railroad Company refused and the City sent its employees upon the right of way to open the crossing, the Railroad Company brought this action, pursuant to which the trial court permanently enjoined the City *253and its…