Chicago, Rock Island & Pacific Railway Co. v. Moore

Pee Curiam :

This action was brought by Moore to enjoin the railway company from constructing an embankment across a ravine over which the defendant's railroad was originally constructed on piling, leaving an opening underneath the track through which the plaintiff was enabled to pass from one part of his farm to the other. The claim of the plaintiff was that at the time he granted the right of way over his land to the railway company, under which the defendant claims, it -was agreed as a part of the consideration for the deed that the plaintiff should have this under-grade crossing as a…