Sentney v. Hutchinson Interurban Railway Co.

The opinion of the court was delivered by

West, J.:

The plaintiffs brought this action to enjoin the defendant from tearing up and removing a portion of its track. The state was made a party on *611the relation of the county attorney, but owing to the character, of the road in question it is not necessary to consider any matters touching the interests of the public, bub only those in which the original plaintiffs and defendant are concerned.

Early in May, 1908, the defendant was operating its road in Hutchinson from Main street east on Fourth to Lorraine street. Farther east certain additions had…