City of Owatonna v. Chicago, Rock Island & Pacific Railway Co.

Taylor, C.

Plaintiff sued out an alternative writ of mandamus requiring defendant to install crossing gates where its tracks cross two streets of the city known as Rose street and Bridge street, and to provide operators at all times to attend to and operate such gates, or show cause why it should not do so. The writ recites that plaintiff is a city of about 8,000 inhabitants operating under a home rule charter; that defendant operates a line of railroad through the city and maintains therein a depot for receiving and discharging passengers and freight; that Rose street is the first street…