Denver & Salt Lake Railway Co. v. Pacific Lumber Co.

delivered the opinion of the court..This is an action by the Pacific Lumber Company, a domestic private corporation, against the Denver & Salt Lake Railway Company, a public corporation and common carrier, to restrain the defendant company from interfering with plaintiff’s use of a crossing over the defendant’s railroad track where it passes across the plaintiff’s patented land. Further relief was sought in the nature of a mandatory order to compel the defendant to reinstate the crossing which the defendant had -removed, and compensatory damages for its destruc tion. Upon, the trial to' the…