State Ex Rel. City of Miles v. Northern Pacific Railway Co.

The city of Miles City commenced this action in mandamus to compel the Northern Pacific Railway Company to construct a subway under its tracks on Main Street in Miles City, in obedience to the requirement of a city ordinance. Upon the filing of the complaint an alternative writ was issued. Over objection of the.city, the Yellowstone Lumber Company and the Miles City Grain Company were permitted to file complaints in intervention, showing that they hold leases on lands situated on the railroad right of way adjacent to Main Street, on which they have constructed buildings and are engaged in…