Atchison, Topeka & Santa Fe Railroad v. Anderson

The opinion of the court was delivered by

Smith, J.:

In a second amended petition filed by plaintiff below, defendant in error here, in January, 1891, it was alleged that the Atchison, Topeka & Santa Fe Railroad Company, on July 20, 1889, took possession of F street, in the city of Wellington, and laid its tracks in front of two lots owned and occupied by plaintiff as a residence; that F street was regularly laid out and is one of the public thoroughfares of the city; that the ingress and egress of plaintiff to and from his lots was obstructed and cut off; and that the track has been used by…