Washington ex rel. Markham v. Seattle & R. V. Ry. Co.

CUSHMAN, District Judge.

This suit was removed from the state court, and plaintiffs move to remand. The plaintiffs are owners of property abutting on Rainier avenue in the city of Seattle, along which avenue, and other streets, the defendant owns and operates a street railway under certain ordinances of the city of Seattle, providing, among other things, that the holders of such franchise should paye and repave within and between all tracks thereof and for 1% feet on each side of the tracks on any and all streets over which the lines authorized by the ordinance shall extend. Under ordinances…