Kaw Valley Drainage District v. Missouri Pacific Railroad

*315The'opinion of the court was delivered by

Porter, J.:

Originally this was an action in mandamus brought by the drainage district to compel the Missouri Pacific Railroad Company and the Union Pacific Railroad Company to ■ raise the grade of certain railway tracks for a distance of 700 feet in order to close a gap between the high bluff on the Kansas river in Kansas City, and the end of a dike constructed by the drainage district. The tracks were about ten feet below the top of the dike. In November, 1916, a judgment was entered by consent of the parties by which the drainage district was granted…