Maltman v. Chicago, Milwaukee & St. Paul Railroad

This action was brought by appellant to recover from appellee damages alleged to have been sustained by him as the owner of some sixteen lots fronting on what is known as Bloomingdale Road, upon which road the defendant has built and is operating a railroad. When the evidence had been all introduced, the court instructed the jury to return a verdict for the defendant.

As we understand the record, this action of the court is based upon two grounds: First, that as the ordinance which authorized defendant to enter on and occupy said Bloomingdale Road, authorized the laying of .two tracks, and as…