Diller v. St. Louis, Springfield & Peoria Railroad

Appellees, Hughes Diller and the Hurlbut Farmer’s Grain Company, filed a bill in the circuit court of Logan county to enjoin the threatened removal of an underground pipe or conduit which they had constructed under the right of way and tracks of appellant, the St. Louis, Springfield and Peoria Railroad, to convey grain from an elevator to a grain-loading house on the other side of the right of way. The matter was referred to a master in chancery, who recommended granting an injunction, and the court thereafter entered a decree perpetually enjoining the removal of the conveyor or conduit. This…