Dwyer v. Chicago & North Western Railway Co.

On rehearing. The former opinion on which rehearing has been' granted will be found in 40 S. D. 84, 166 N. W. 237, in which will be found a statement of the contents of the record and of the general issues involved on this appeal. As will be observed, there was a hearing and an investigation of the facts had before the Board of Railway Commissioners, and a report made, and an order issued iby said board, requiring the railway company to construct certain cattle guards, and wing fences upon its right of way crossing the private farm property of claimants. From such order the railway company…