State ex rel. Aylward v. Thompson

The opinion of the court was delivered by

Hutchison, J.:

This is an original proceeding in mandamus brought by the state of Kansas on relation of the county attorney of Ellsworth county to compel the Missouri Pacific Railroad Company to construct a railroad crossing in compliance with ah order made by the board of county commissioners of Ellsworth county on April 7, 1937. An answer has been filed by the railroad company, giving various reasons for its refusal to comply with the order of the board of county commissioners and reasons why a writ should not be issued in this case.

Exhibits were…