City of Council Bluffs v. Omaha & C. B. St. Ry. Co.

WALTER H. SANBORN, Circuit Judge.

This is an appeal by the city, the defendant below, from a decree of an interlocutory injunction to prevent it, until there can be a full hearing and a considered decision of the questions of law and fact which this ease presents, or until the further order of the court, from compelling the street railway company to suffer the alleged continuous taking of its property without just compensation by requiring it to carry passengers on the railway it is operating at confiscatory rates, in violation of the Fourteenth Amendment to the Constitution. The rates alleged…