Staley v. Chicago, Kansas & Western Railway Co.

The opinion of the court was delivered by

Milton, J.:

This action was brought to obtain a perpetual injunction to prevent the defendants in error from filling up and destroying a passageway and removing a trestle bridge from the right of way of the. railroad where it passed through the plaintiff’s land, such right of way having been conveyed by the plaintiff and his wife to the defendant, the Chicago, Kansas & Western Railway Company by a deed of warranty which contained no reservation, and which expressed a consideration of $650. The plaintiff claimed that as *619a further consideration it was…