Morrison v. Chicago & Northwestern Railway Co.

Ladd, O. J. —

1 Linn creek runs through Halbert’s farm, of 235 acres, as does also defendant’s line of railway. Where these intersect there is a bridge, and under it a passageway, with hard bottom, about eight feet wide and six feet high, on the east bank of the creek. But 40 acres, on which the buildings stand, lie south of the track. Immediately north of it is a pasture, to which the cattle pass by the way under the bridge to and from the barnyard. To enable defendant to construct a second track, Halbert conveyed an additional right of way immediately north of that already occupied, but…