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

The opinion of the court was delivered by

Mason, J.:

S. S. Hawks brought an action against the Atchison, Topeka & Santa Fe Railway Company for damages for the obstruction of an alley back of his residence, in which it had laid its track. A verdict was returned in favor of the defendant, but the court set it aside and granted a new trial. An appeal is taken from such order.

The trial judge was requested by the defendant to state the grounds upon which the ruling was based, and responded by enumerating practically all the reasons set out in the motion, which embraced most of those recognized by…