Pever v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover damages for injury to land adjoining a railroad right of way, caused by the encroachment of a ditch dug originally on the right of way to drain the roadbed. An injunction against future injury was also prayed for. A demurrer to the plaintiff’s evidence was sustained on the ground the action was barred by the two-year statute of limitation, and he appeals.

*267Some ten years before the action was commenced the roadbed was rebuilt and drainage was secured by construction of the ditch complained of. There was neither…