McDaniel v. Burlington-Rock Island R.

HALE, Justice.

This action involves a claimed easement. Appellant owns 90 acres of land situated on the east side of appellee’s railroad tracks. He instituted this suit on September 17, 1945, asserting the right to go across ap-pellee’s premises by means of an overhead bridge which was dismantled in the year 1936. He sought a mandatory injunction requiring appellee (1) to restore the bridge to its former condition or, in the alternative, (2) to provide a practicable, safe and reasonable crossing by which he might pass from his land over appellee’s right-of-way to the west side thereof.…