Smith v. Bush

The appellee in this proceeding sought and obtained a writ of mandamus requiring the appellant to build and construct a farm crossing over its railroad to be used by appellee in passing from his farm on the east to the west of the railroad. It appears from the record in this case that in 1902, and prior thereto, the appellee was the owner of 80 acres of land situated in Randolph county, Illinois, near the Okaw River. It is bottom land, some of it is susceptible of cultivation and other parts of it is low and swampy. In 1902 the appellant constructed its railroad through appellee’s land,…