Stephenson v. Atchison Railway, Light & Power Co.

The opinion of the court was delivered by

Mason J.:

William Stephenson sued a street railway company for damages alleged to have been occasioned by its having so constructed its track in the .street in front of three lots owned by him, as to cut off his access thereto. A demurrer to his evidence was sustained and he appeals.

There was evidence showing, or tending to show, these facts: The middle of the street in front of the .plaintiff’s property is macadamized, and to avoid interference with this paving an ordinance provided that The track should be run on the side of the street, near to the…