Roushlange v. Chicago & Atlantic Railway Co.

It is averred in appellant’s complaint that the railway company had constructed its road across his land 41 after purchase made and consideration paid for the right of way by the defendant to the plaintiff, and after the plaintiff had conveyed the right of way to the defendant by a good and sufficient deed.” It is averred, also, that á portion of the land over which the railroad was constructed was marshy; that through that portion the railway company made an embankment about twelve feet high; that, after the road had been used for about six months, the embankment, thus constructed, began to…