State Ex Rel. v. M. St. P. S. S. M. Ry. Co.

1 Reported in 251 N.W. 275. Mandamus, the city of St. Paul as relator appealing from an order sustaining respondent's general demurrer to petition and alternative writ.

Under the St. Paul charter the city council has general control of public parkways and highways in the city. Respondent's railroad tracks cross Wheelock Parkway, near the northerly limits of the city and about midway between Como and Phalen Parks, on what is considered a temporary, wooden trestle. February 10, 1914, by ordinance, the city council directed the construction of a permanent bridge by respondent at its own expense.…