St. Louis & San Francisco Railroad v. Werner

The opinion of the court was delivered by

Johnston, C. J. :

An action was brought by Emil Werner against the St. Louis & San Francisco Railroad Company to recover damages for an alleged diminution in the value of his property, caused by the construction of a railroad on a city street in front of the property. The railroad company answered that the building of the road in the street was legally and properly done, and that it did not interfere with ingress to, or egress from, the property, and occasioned the *191plaintiff no injury. A trial was had, in which the court charged the jury as to the…