Chandler v. Kurn

This is an appeal from a judgment of the district court of Lincoln county, sustaining defendants’ demurrer to plaintiff’s evidence, in an action brought to recover damages for injuries to growing crops, alleged to have resulted from defendants’ negligence in constructing and maintaining a ditch, or borrow pit, upon its right of way.

Defendants’ railroad, constructed in 1898, crossed the quarter section of land, of which the 55 acres leased to plaintiff is a part, in a northwesterly and southeasterly direction. Two railroad trestles opened onto plaintiff’s land, all of which lies south of the…