Missouri Pacific Railroad v. Swafford

In 1903 the railroad company, at that time the St. Louis, Iron Mountain & Southern Railway-Company obtained a right-of-way deed from John Swaf-ford and his wife, Roxie Swafford, to a right-of-way over certain lands in Boone County, Arkansas. It after-wards built its railroad across the Swafford land, but the evidence does not show at what date. In building its railroad it made a cut of about 100 feet deep and, appellees allege, 300 feet wide. The evidence does not show the width of the cut, but it does show that it is 125 feet deep in some places, and it would necessarily be very wide.

The cut…