Legal Opinion

State ex rel. Mattoon v. Republican Valley Railroad

Nebraska Supreme Court

Decided July 15, 1885PublishedCited by 23 opinions

Original application for mandamus. I. Railroad corporations have their existence in this and other states only by virtue of an act of the legislature. These corporations are not created for the personal aggrandizement of the corporators, it is only upon the theory that their works will be of benefit to the people at large that their chartered rights are given them.

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Original application for mandamus. I. Railroad corporations have their existence in this and other states only by virtue of an act of the legislature. These corporations are not created for the personal aggrandizement of the corporators, it is only upon the theory that their works will be of benefit to the people at large that their chartered rights are given them. Special powers and privileges are granted to railroad corporations by the state as a portion of sovereignty, such as the exercise of the right of eminent domain. The duty of government to establish and maintain highways, to…

1Opinion of the Court

Cobb, Ch. J.

This is an original application to this court for a writ of mandamus requiring the respondent, the Republican Valley Railroad Company, to build within the corporate limits of the city of Blue Springs a depot, and to lay down the necessary side tracks. and switches, and to stop its trains thereat for the proper transaction of business. The relator alleges that that part of respondent’s railroad which runs from Beatrice in a south-easterly direction to a point in section 29, township 2, range 7 east, where it intersects the *653respondent’s main, or east and west, line, was built in…

2Cases cited2 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868

3Cited by23 opinions

  1. Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
  2. Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
  3. State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
  4. Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
  5. Chicago, Rock Island & Pacific Railway Co. v. Nebraska State Railway CommissionNebraska Supreme Court · 1910

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