Hawks v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Dawson, J.:

This action is for damages sustained by plaintiff through the obstruction of the alley at. the back of his residence lot in- Wichita. The defendant built a railway track in the alley. The construction wás proper, and done with permission of the city of Wichita. But when the defendant’s railway freight cars were being operated or were standing on this alley track — and that was a good share of the time — they completely obstructed the alley so that the defendant could not get into the alley or out of it with his automobile, and deprived' him…