Missouri-Kansas-Texas Railroad Company v. Freer

RUARK, Judge.

Injunction: Plaintiff railroad sued to restrain defendant, owner of land adjoining its right of way, from an alleged trespass on such right of way. The petition alleges that plaintiff railroad is the owner of a 100-foot wide easement across the land of defendant; that along the whole of such strip it maintains a pole and wire line which is an integral part of plaintiff’s railroad system; that along a portion of the strip it maintains track for the movement of its trains; that defendant has laid a girder across part of the strip and is threatening by the installation of girders…