Juett v. Cincinnati, N. O. & T. P. R. Co.

Opinion of the Court by

Stanley, Commissioner

—Reversing.

Years ago, Henry Juett had a private crossing at grade over the track of the Cincinnati, New Orleans & Texas Pacific Railway. On May 26, 1898, a contract was made by him and the receiver of the company for its elimination and the substitution of a bridge. After reciting the conditions and agreement to change the crossing, it was contracted that the receiver would build the bridge ten feet wide, and Juett agreed “for himself and his heirs and assigns that upon the completion of said bridge he will pay to said receiver the sum of $150; and…