Union Pacific Railroad v. Public Utilities Commission

The opinion of the court was delivered by

Dawson, J.:

In 1879 a railway was constructed through a tract of land of 1600 acres in Pottawatomie county. This land for some years past has been the farm or ranch of T. J. Eddy. In 1911 the legislature enacted:

“Section 1. Whenever any railroad, either steam or electric, shall run through any farm so as to divide it, such railroad at the request of the owner of such farm, shall construct, keep and maintain, a crossing either on, over or under such railroad track, at some convenient place, which crossing shall be so constructed as to permit ready and…