Henbest v. Chicago, Milwaukee & St. Paul Railway Co.

The maintenance of fences by the railroad so as not to interfere with the use of the passageway, the recognition by the railway company of the landowner’s right to have the trestle rebuilt so as to preserve the original width of the passageway, the improvement of the road in this passageway with cinders supplied by the railway company and with gravel supplied by the owners of the farm, as well as the attempt of the railway company to secure plaintiff’s consent to the change which it had started to make in this passageway, are. all significant facts which lead to but one conclusion, which is…