Chicago, Burlington & Quincy Railroad Co. v. Wheaton

PENFOLD, Circuit Judge.

This is an appeal from a judgment of the Circuit Court of Pennington County, South Dakota, which judgment granted the respondent an injunction against the appellant, his agents, attorneys, and servants and also granted the respondent a money judgment against the appellant in the sum of $1,628.52.

The facts are as follows: Respondent, Chicago, Burlington, and Quincy Railroad, owns a right of way 100 feet wide, together with grade and trackage thereon. This right of way traverses, abuts, or adjoins lands owned by appellant.

The area in question in this litigation is a…