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OSBORNE v. MISSOURI PACIFIC RAILWAY CO.

No. 95.

147 U.S. 248 (1893)

13 S.Ct. 299

37 L.Ed. 155

OSBORNE v. MISSOURI PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided January 16, 1893.

Attorney(s) appearing for the Case

Mr. P.R. Flitcraft, (with whom were Mr. J.E. McKeighan and Mr. H.E. Mills on the brief,) for appellant.

Mr. John F. Dillon, (with whom was Mr. Winslow F. Pierce on the brief,) for appellee.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

We assume upon this record that the complainant was an abutting owner merely, and that the fee of the street was in the municipality for the public, or in the public; that the construction of the tracks was duly authorized; that they were laid with due care and skill and in strict accordance with the authority granted; and that the road was properly operated. And the terms of the...

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