Chicago, Kansas & Western Railroad v. Willits

*111The opinion of the court was delivered by

YalentxNE, J.:

This was an action brought in the district court of Wilson county by J. R. Willits against The Chicago, Kansas & Western Railroad Company to recover damages for alleged injuries to real estate. The case was tried before the court and a jury, and the jury returned a verdict in favor of the plaintiff and against the defendant for $400 damages, and judgment was rendered accordingly; and to reverse this judgment the defendant, as plaintiff in error, brought the case to this court.

It appears that the plaintiff below, defendant in error, owned…