Miller v. Mobile & Ohio Railroad

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee owns and resides upon 13 acres of land immediately west of appellant’s railroad at the Village of Mill Creek. His land and all other land just west of the railroad is lower than the railroad embankment. A little farther west the land is much higher. The low land between the railroad and the high land to the west is only 20 feet in width a short distance south of appellee’s property and going north from that point it widens until it is 500 or 600 feet wide about a half mile north of appellee’s property, thus forming a…