Jenree v. Metropolitan Street Railway Co.

The opinion of the court was delivered by

Burch, J.:

An ordinance of the city granted to the railway company the right to construct, maintain and operate street railways upon the streets of the city and upon and over certain viaducts and bridges forming portions of such streets. Section 25 of the ordinance contained the following provision:

“Said railway company shall refloor, repair and maintain in good condition and safe for public travel, all parts of the aforesaid bridges and viaducts, including the viaduct approaches.”

The terms of the ordinance were accepted by the railway company, and a…