Green

The city of Areata, a municipal corporation of the sixth class, seeks by this action to recover the sum of five thousand dollars on a bond or undertaking executed by the defendants Green and O’Brien as principals and the-defendants Bull and Bair as sureties. A demurrer to the-amended complaint having been sustained, the plaintiff declined to further amend, and appeals from the ensuing judgment in favor of defendants.

The amended complaint discloses these facts. In February, 1905, the board of trustees of the city of Areata granted to-Green and O’Brien the right to construct, maintain, and operate a single track electric railroad within and through the-city of Areata over certain streets by a route described. Section 2 of the ordinance declares that the grant is made upon certain conditions, relating to the manner of construction, the location of tracks, the maintenance of a portion of the street pavements by the grantees, the placing of poles and wires, equipment and operation of cars, and like matters. One of the conditions is that “all cars shall stop at street crossings whenever signalled by persons desiring to board or alight therefrom subject to regulations of the board of…