Moore v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Mahan, P. J. :

The plaintiff in error sought to enjoin the defendant in error from closing up a passageway under its tracks and over its right of way on his farm. He claimed an easement of a right of way under the track from one side of his farm to the other; that he had reserved this easement at the time lie-deeded to the defendant its right of way over his farm ; that by mistake, or through connivance of the agent-of the defendant company with whom he negotiated regarding the right of way, and who drew the deed at-the time, the reservation and the…