Miller v. Kansas City Southern Railway Co.

Griffin Smith, Chief Justice.

A spur track in. the Town of Potter now operated by Kansas City Southern was laid before 1907, and within limitations has been continuously used as intermittent necessity required. It traverses property purchased in 1936 by Mrs. Lora Miller, described by metes and bounds. Marcus L. Miller is Lora’s husband and maintains a mercantile business in a building on his wife’s property. An extension, spoken of as a front porch, is so near the railroad spur that joint use of the area between store and track causes conflict. This resulted in a suit by the Railway Company to…