Miller v. St. Louis, Southwestern Railway Co.

The opinion of the court was delivered by

McFarland, J.:

This is an action by Eugene L. Miller, Sr., to quiet title of land within the operating right-of-way of defendant St. Louis, Southwestern Railway Company. The trial court entered judgment in favor of the defendant railroad and plaintiff appeals therefrom.

In 1906 the Chicago, Rock Island and Pacific Railroad Company acquired an operating right-of-way by condemnation to a portion of Blocks 45, 46 and 65, Grandview Addition, to the City of Pratt. The tract lies south of and adjacent to the railroad’s main line, is situated approximately 75…