Cape Girardeau & Chester Railroad v. Wingerter

A demurrer having been sustained to the plaintiff’s petition, it appeals from the judgment. The plaintiff, a Missouri railroad corporation, was engaged in acquiring a right of way and building its railroad from the city of Cape Girardeau to Perryville. It is unnecessary to set out the petition in full. In the interest of brevity, only the material facts will be noticed. After proper formal averments and a recital of tbe facts stated, it in substance avers that it surveyed, located and marked out its lines across defendant’s farm on the east side of his residence and attempted to effect an…