Atchison, Topeka & Santa Fe Railway Co. v. Conlon

The opinion of the court was delivered by

Burch, J.:

This is the second appearance of this case here. The general facts are stated in Railway Co. v. Conlon, 62 Kan. 416, 63 Pac. 432. The propositions there considered and decided were the right to a farm crossing by virtue of adverse user and possession and from the necessity of the case. Before the second trial the pleadings were amended and the defendants tendered a single new issue — that the crossing was taken into consideration by the condemnation commission in making the original award of damages for the railroad *325right of way. At the…