Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. Omaha
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE NEBRASKA. The State of Nebraska, on tbe relation of the city of Omaha, filed its petition in the district court of the fourth judicial district of Nebraska on January 19, 1895, asking judgment for the issuing of a writ of mandamus requiring the Chicago, Burlington and Quincy Railroad Company to repair, in accordance with the directions of a city ordinance enacted under certain statutes of the state legislature, the south one-third…
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ERROR TO THE SUPREME COURT OE THE STATE OE NEBRASKA. The State of Nebraska, on tbe relation of the city of Omaha, filed its petition in the district court of the fourth judicial district of Nebraska on January 19, 1895, asking judgment for the issuing of a writ of mandamus requiring the Chicago, Burlington and Quincy Railroad Company to repair, in accordance with the directions of a city ordinance enacted under certain statutes of the state legislature, the south one-third of the viaduct at Eleventh street in the city of Omaha, a structure forming a part of that street, and spanning a number…
1Opinion of the CourtJustice Shiras
The motion to dismiss the writ of error, on the ground that the'rights and immunities of the plaintiff in error under the Constitution of the United States were not set up or" claimed in the state courts at the proper time and in the proper way, cannot be allowed.
This subject has been so. frequently and so recently discussed by this court that it is unnecessary for us to further consider it at large. It is sufficient to say that this record discloses that the plaintiff in error, in its answer to .the writ of mandamus issued out of the district court of Douglas County, State of Nebraska,…
2Cases cited10 opinions
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