People ex rel. Commissioners of Highways v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

The commissioners of highways of the town of Hutsonville, in Crawford county, filed a petition in the circuit court the object of which was to secure a writ of mandamus requiring the Cleveland, Cincinnati, Chicago and St. Louis Railway Company to construct crossings and approaches for á public highway over its tracks. The railway company answered the petition, a trial was had before the court without a jury and a judgment was rendered in favor of defendant, from which the relators have appealed.

In March, 1906, the railway company was re-constructing its railroad which crossed the highway in…