Hartshorn v. Chicago Great Western Railway Co.

Plaintiff is the owner of the south half and the northwest quarter of section 35, township 92 north of range 21 west of fifth P. M. His improvements are along the highway on the south line of the section. In 1901 the defendant condemned a right of way along the north line of the south half section separating therefrom the northwest quarter, to which plaintiff now has no access, save across the defendant’s track. Pending the trial in the condemnation proceedings, the defendant expressly agreed to give the plaintiff “ an open crossing at such reasonable place he may suggest, with cattle…