State ex rel. Jensen v. Omaha & Southern Interurban Railway Co.

This is a proceeding in mandamus brought by the road overseer of district No. 3, in Sarpy county, against the defendant, an interurban railway company, to compel the building of a bridge over the defendant’s track *41where it is alleged a public road crosses a deep cut on the railroad line. The petition alleges in detail the proceedings for the location and opening of a road 50 feet wide across the right of way, the final establishment of the road and the refusal of respondent to construct a crossing over its tracks.

The respondent answered that the facts alleged in the petition did not justify…