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

The opinion of the court was delivered by

Mason, J.:

George W. White brought an action against the Atchison, Topeka & Santa Fe Railway Company for damages occasioned by the obstruction of the channel of the Neosho river by one of that company’s bridges, and to enjoin the maintenance of the bridge in its present form. A demurrer to the plaintiff’s evidence was sustained May 19, 1905. A motion for a new trial was at once filed, which was denied August 30, 1905, when a judgment was rendered against the plaintiff for costs, and time was given to make a case. Within the time fixed a case-made was…