State ex rel. Tarr v. St. Louis - San Francisco Railway Co.

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment denying a writ of mandamus to restore a crossing on a public highway over defendant’s railway in Miami county.

The highway is a long-established township road running east and west across the county about two miles south of Spring Hill. Defendant’s railway thereabout comes up from the south toward Spring Hill, almost at right angles to the public road. From the time the railway was first constructed, in 1869, a grade crossing was maintained at the railroad and highway intersection until 1922, at which time…