Missouri Pacific Railway Co. v. Youngstrom

The opinion of the court was delivered by

Horton, C. J.:

Peter Youngstrom commenced his action against the Missouri Pacific Railway Company to recover the value of a fence alleged to have been built by him along the line of the right-of-way of the Leroy & Caney Valley AirLine railroad through his premises, and also for an attorney’s fee. He alleged that the Missouri Pacific Railway Company was operating the Leroy & Caney Valley Air-Line railroad, as lessee.

Trial before the court without a jury, at the May term, 1888. Judgment was rendered in favor of the plaintiff be*350low and against the railway…