Omaha Horse Ry. Co. v. Cable Tram-Way Co.

This case is now submitted on exceptions by both parties to the report of the commissioners, and on certain motions and applications connected therewith. A brief review of the facts connected with this litigation will help to clearly understand the present questions. The plaintiff holds under special charter, granted by the territory of Nebraska, an exclusive franchise for the building and operating of a horse railway in the city of Omaha, for a period of 50 years from the first of *729June, 1867. At tlie commencement of this suit it liad constructed and in operation over 18 miles of railway. The…