David Josiah Brewer

“ Aside, therefore, from any reliance upon the doctrine of stare decisis, the act of 1871 must be considered as requiring the Union Pacific company to permit the trains of all roads terminating at the Missouri river at Omaha to use its bridge up to the fair limits of capacity, and on payment of reasonable compensation. ”

“ One thing more requires notice. It is contended that the terms of the decree are too broad; that they give to the Mason City company, not merely the use of the bridge and its approaches, including therein connections with Western roads terminating at Omaha, but also the use of all side or spur tracks connecting the Union Pacific Railroad with private industries, and the track extending northward from the main line of the Union Pacific to the old ferry crossing. ”

“ Louis contained no direction for its use by terminating railroads, that requirement, although imposed on all the other bridges, was not brought into the act of 1871, and is inapplicable to the Omaha bridge. Counsel for the Union Pacifie company have also called our attention to a few statutes authorizing the construction of bridges, which contain no provision in respect to use by other railroad companies. ”