City of Norton v. Lowden

McDERMOTT, Circuit Judge.

This controversy arises from an effort of the City of Norton to open a street at grade across the station grounds and yards of the Rock Island Railway.

Appellant here, defendant below, is a city of the second class with about 3000 people. First Street runs north and south, and the tracks of appellees run east and west. The year the railway built into the town — 1887—First Street was vacated for one block where it crossed appellees’ tracks, doubtless to provide space for station grounds, sidetracks, water cranes, and the like. The title to the vacated street reverted to…