Breitenbach v. Anthony & Northern Railway Co.

The opinion of the court was delivered by

Dawson, J.:

The plaintiff sued the defendant railway company for failing to place an underground crossing, fences and proper cattle guards along and upon its newly constructed railway on the plaintiff’s farm.

*565In 1916, the defendant’s railway was built. By contract it acquired a right of way over plaintiff’s farm, cutting his pasture into two parts, 60 acres west of the railway track and 80 acres east of it. In the contract the railway agreed to put in an underground crossing to connect the two parts of the pasture. There was some delay in building the…