Stumpe v. Missouri Pacific Railway Co.

—The trial court, upon the hearing of this cause, granted to plaintiff a. perpetual injunction, restraining the defendant from closing a road crossing which the plaintiff had constructed over the defendant’s tracks and right of way. The defendant appeals from the decree, and claims that it is unwarranted by the pleadings and evidence. There is very little controversy touching the essential facts which were developed by the testimony, and, as this is a proceeding in equity in which we are required to find the facts ourselves, we will proceed to state them as follows:

The defendant, in 1854,…