Anderson v. Atchison, Topeka & Santa Fe Railroad

The opinion of the court was delivered by

William R. Smith, J.:

In February, 1890, plaintiff in error brought an action against the Atchison, Topeka & Santa Fe Railroad Company to recover damages to his real estate in the city of Wellington by reason of alleged wrongful acts of the railroad company in blocking a street in front of his property with its track, and thereby interfering with his ingress and egress to and from his residence. It was alleged that the railroad company took possession of the street in July, 1889.

To the second amended petition filed by Anderson the railroad company…