Stahr v. Chicago, Memphis & Gulf Railroad

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

*2By a deed dated January 25, 1911, Stephen Stahr conveyed to the Chicago, Memphis & Gulf R. R. Company, a strip of ground eighty feet in width through his farm, and also a strip of land ten feet wide on the west line of the track inside the fence from the line of ^the railroad south to the lowest point of the surface for the purpose of a ditch to he opened immediately upon the construction of the railroad for the water from the ditches on either side of the railroad. The deed' also contained a covenant on the part of the…