Union Pacific Railroad Company v. Mason City Fort Dodge Railroad Company

On a bill filed by the Mason City & Fort Dodge Railroad Company (hereinafter called the Mason City company), the circuit court of the United States for the district of Nebraska entered a decree, August 19, 1903 (124 Fed. 409), requiring the Union Pacific Railroad Company (hereinafter called the Union Pacific company) to let the plaintiff into the joint use of the railroad bridge between Omaha and Council Bluffs, and the approaches thereto. On appeal this decree was affirmed by the circuit court of appeals for the eighth circuit, February 29, 1904. 64 C. C. A. 348, 128 Fed. 230. Thereupon the Union Pacific company appealed to this court.

Messrs. John N. Baldwin and Maxwell Evarts for appellant.

Messrs. Frank B. Kellogg, James M. Woolworth, William D. McHugh, and Cordenio A. Severance for appellee.

Statement by Mr. Justice Brewer:

[Argument of Counsel from pages 162-164 intentionally omitted]

Mr. Justice Brewer delivered the opinion of the court: