Union Pacific Railroad v. Huse

The opinion of the court was delivered by

Hopkins, J.:

The action was one of ejectment. The land involved is a small portion of the right of way of the Blue Valley branch of the Union Pacific Railroad Company, a short distance north of the connection with the main line at Manhattan. Plaintiff prevailed, and defendant appeals.

The history of the case is told by the trial court’s findings which are, in part, substantially as follows:.

That in 1872 Manhattan was a city of the third class and on November 22 of that year passed an ordinance granting to the Manhattan & Northwestern Railroad Company a…