Chamberlain v. Missouri Pacific Railway Co.

The opinion of the court- was delivered by

Dawson, J.:

This was an action to compel the defendant railway company to construct, at its own expense, a private crossing over defendant’s railroad track and right of way which runs through the farm of the plaintiff in Sedgwick county. The purpose was to furnish the plaintiff a convenient crossing to connect the two parts of his-farm which were divided in 1885 by the construction of the railway. In 1885, the defendant railway’s predecessor procured by condemnation and by deed from plaintiff, and by the payment of $2,502.40 in cash therefor, a right…