State ex rel. City of Omaha v. Union Pacific Railroad

Relator applied for a peremptory writ of mandamus compelling defendants to construct at tlieir own expense on Nicholas street, in Omaha, a viaduct running east and west over their intersecting railway tracks. Defendants resist the application on the ground that the city attempted to require the construction of the viaduct without making provision for closing the street where their tracks cross it at grade. The writ ivas allowed, and defendants have appealed.

Was the writ properly allowed? Conforming to statutory procedure, the city, by adoption of plans, by resolution, and by ordinance,…