Missouri Pacific Railway Co. v. Henrie

The opinion of the court was delivered by

Johnston, J.:

This action was instituted by J. O. Henrie against the Missouri Pacific Railway Company and the Fort Scott, Wichita & Wéstern Railway Oom*331pany on June 28, 1890. . In his petition he alleged that in 1882 the St. Louis, Fort Scott & Wichita Railroad Company entered upon his land and constructed a railroad thereon without obtaining title thereto ; but that an agreement was made between them by which the railway company was to have the use of the right of way in consideration of passes to be furnished to him and his wife, entitling them to ride…