Reter v. Davenport, Rock Island & North Western Railway Co.

(dissenting) — I am unable to agree with all of the conclusions expressed in the majority opinion and consequently respectfully dissent.

In order that the situation may be better understood a more detailed factual statement relative to the affected property and a brief summary of some of the evidence presented are hereinafter set forth.

The tract involved is approximately 1200 feet in length. It is approximately 200 feet in width at the southwest boundary thereof and approximately 50 feet in width at its northeasterly end. The tract, except on the slough side of the property and a street…