State ex rel. Barton Co. v. Kansas City, Ft. S. & G. R.

In 1881 the legislature of the state of Missouri passed an act affecting railroads, which, so far as is material to this case, reads:

“Every railroad corporation in this state which now is, or may hereafter be, engaged in the transportation of passengers or property * * * shall, *723at all crossings and intersections of other railroads, whore such other railroad and the railroad crossing the same are now, or hereafter may be, made upon the same grade, and the character of the land at such crossing or intersection will admit of the same, erect, build, and maintain, either jointly with the railroad…