Kansas City Southern Railway Co. v. Sevier County

This suit was commenced in the county court of Sevier County, by certain landowners, to open a public highway over a railroad right-of-way of appellant near DeQueen, under authority of §§ 5228, 5229 and 5230 of Crawford & Moses’ Digest. Appellant interposed three defenses to the proceeding, as follows; First, that the petitioners did not publish the notice as required by § 5230 of Crawford & Moses’ Digest; second, that the petitioners did not give the bond with security required by law; and third, that railroad yards cannot be condemned for a public highway.

The suit was first tried in the…