Sandstrum v. Missouri Pac. R. Co.

POLLOCK, District Judge.

The facte of this ease, as pleaded, are substantially as follows:

The plaintiff is the owner of a large body of farming lands in Cowley county, this state, through which flows a stream called Grouse creek. Some twenty years ago there was constructed through parts of the land of plaintiff a railroad now owned and operated by defendant. As this line of railway runs *166through the land of plaintiff, it crosses a low swale or draw which leads from Grouse creek across the right of way to lands of the plaintiff on the opposite side of the railway from the creek. When the…