Page:Federal Reporter, 1st Series, Volume 3.djvu/114

 U. V. BY. 00. V. B. & U. B. B. 00. IK KEB. 107 �ents from extending their railroad track across that of com- plainant. The case is as follows: The ((omplainant is a corporation created by and organized under the aot known as the Pacific Eailroad Charter, approved July 1, 1862, and acts amendatory thereof. �The defendants are corporations organized under the laws of Nebraska. The complainant owns and operates the Union Pacific Eailway, extending from the Missouri river westwardly across the state, and the defendants own and operate a line from Omaha to Lincoln. The respondents, desiring to extend their track across that of the complainant for the purpose of Connecting with the Omaha & Northern Nebraska Eailway Company, instituted prooeedings under the law of Nebraska, in the proper state court, for the purpose of assessing the damages accruing to the complainant on aocount of the cross- ing of its track, and also for the further purpose of designat- ing the point at which said crossing ahould be made and the manner of crossing. The statuts under which theae proceed- ings were instituted is as follows, (section 113, Gen. St. Neb. 195:) �"Every railroad company shall have power to cross, inter- sect, join, and unite its railroad with any other railroad before constructed, at any point on its route, and upon the grounds of such other railroad company, with the neoessary turnouts, sidings, and switches, and other conveniences, in the furtherance of the objects of its connections. And every company whose railroad is, or shall hereafter be, intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners, to be selected as provided in this sub- division." �The section referred to as regulating the proceedings is section 97, p. 191, and is as follows: �"If the owner of any real estate, over which said railroad ����