Baird v. Salina Northern Railroad

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for breach of a contract to locate and maintain a depot and other shipping facilities. A demurrer to the petition was overruled, and the defendant appeals.

The contract provided that the railroad company should permanently establish and maintain, on described land of the plaintiff, a passenger and freight depot and station, stockyards, sidetracks, and other shipping facilities; refrain from ever establishing or maintaining a depot, station, or siding facilities between Ash Grove in Lincoln county and the proposed…