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

The opinion of the court was delivered by

Porter, J.:

Appellants .brought this action praying for the abatement of a nuisance and for an injunction against the appellee from maintaining the same. The court found in favor of the railway company, and gave judgment against appellants for costs. The appellee owns and operates a line of railroad running in a southeasterly direction from the town of Benedict, in Wilson county, extending for about one mile across the river bottom where it crosses the Ver*43digris river. On the southeast side of the right of way is a public road 40 feet in width, and…