Speer v. Erie Railroad

kSteviíks, Y. C.

The bill in this case was filed to restrain the defendant froui maintaining its embankment where the complainant had a road crossing over defendant’s railway between the severed portions •of his farm. This court decreed that the company should construct a tunnel or opening through the embankment substantially at grade, such opening to be not less than twelve feet in height and .width. On .appeal it was thought that this direction was too onerous. It was held that the complainant’s right to a crossing was not destroyed by the elevation of the tracks, but it was thought that the…