Fowkes v. Miller

STONE, Circuit Judge.

Appellant, a train employee of the Wabash Railway Company, for himself and “a large number of other employees of said railroad similarly situated,” brought an action seeking to enjoin the mayor of St. Louis, the city of St. Louis, and the Wabash Railway Company from in any manner proceeding to construct or letting any contract for construction of a viaduct over the Wabash tracks at Delmar boulevard with a clearance of less than 22 feet above the top of the railway rails. Later, the contractor which was to build the viaduct was made a party defendant and the same relief…