Porter v. Midland Railway Co.

— The material questions in this case arise upon the ruling of the trial court awarding the appellee judgment upon the special verdict. The facts contained in the verdict are these: On the 2d of April, 1872, the board of trustees of the town of Ladoga adopted a resolution licensing the Anderson, Lebanon and St. Louis Railroad Company to construct a railroad track along a street in the town, upon which street the appellant was an abutting owner. In the year 1873, the company named constructed a grade along the street, and for that purpose dug excava*477tions and built embankments. The grade was…