Wilson v. St. Louis-San Francisco Railway Co.

The opinion of the court was delivered by

Price, J.:

This is an action for temporary damages sustained by plaintiffs as a result of defendant railroad’s closing of a cattle crossing under its railroad on plaintiffs’ farm, and to compel defendant to restore the underpass or to construct a farm crossing over the railroad.

*113Defendant’s demurrer to the second amended petition was sustained, and plaintiffs have appealed.

Following allegations of plaintiffs’ ownership of the described quarter section of land in Labette County, the second amended petition (hereinafter referred to as petition) alleges:

“Abo…