Legal Opinion

Ayers v. Citizens Railway Co.

Nebraska Supreme Court

Decided December 17, 1908No. 15,203PublishedCited by 5 opinions

Appeal from the district court for Lancaster county: Edward P. Holmes, Judge.

1Opinion of the Court

Good, C.

This is an action to enjoin the construction of a street railway in front of plaintiff’s residence property which abuts on south Twenty-Ninth street in the city of Lincoln. The injunction is demanded upon the ground that defendant had not obtained the consent of the electors of said city to lay its tracks and construct its lines of railway upon the streets of said city, and that without such consent the defendant was a trespasser. The cause was submitted to the district court upon an agreed statement of the facts. , Defendant had judgment, and plaintiff has appealed.

Prom the agreed…

2Cases cited4 opinions

  1. Bischof v. Merchants National BankNebraska Supreme Court · 1906
  2. Placke v. Union Depot Railroad Company.Supreme Court of Missouri · 1897
  3. George v. PeckhamNebraska Supreme Court · 1905
  4. State ex rel. Caldwell v. Citizens Street Railway Co.Nebraska Supreme Court · 1907

3Cited by5 opinions

  1. Schroder v. City of LincolnNebraska Supreme Court · 1952
  2. Nevins v. McGavockSupreme Court of Alabama · 1925
  3. Brown v. EasterdayNebraska Supreme Court · 1923
  4. Karpisek v. Cather & Sons Construction, Inc.Nebraska Supreme Court · 1962
  5. Chizek v. City of OmahaNebraska Supreme Court · 1934

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