Roby v. State ex rel. Farmers Grain & Live Stock Co.

. Albert, C.

The Farmers Grain and Live Stock Company applied to the district court for a writ of mandamus to compel the Union Pacific Railroad Company to furnish cars on a cer-. *451tain side-track for tbe shipment of grain from tbe relator’s elevator. Frank F. Roby intervened for tbe purpose of resisting tbe application. Tbe district court allowed tbe writ and tbe intervener brings error.

A somewhat extended statement of tbe facts is necessary to a proper understanding of the case. In 1886 tbe Kear-ney Milling Company built a flouring mill in tbe city of Kearney, and induced tbe respondent…