Atchison, Topeka & Santa Fe Railway Co. v. State Highway Commission

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in mandamus to require defendants to hear evidence as to the costs, and to make an order dividing the expense between the railway company and the county or township, of installation and maintenance of suitable safety devices or warning signals at a dangerous or obscure improved highway railway crossing. It is presented on defendants’ motion to *577quash the alternative writ. The decision turned on the interpretation of the portion of R. S. 68-509, which reads as follows:

“The state highway commission, upon the…