Lake Erie & Western Railway Co. v. Lee

In June, 1811, appellees executed a right of way deed to the Lafayette, Muncie and Bloomington Bailroad Company, for the construction of a railroad through their farm, consisting of two adjoining tracts of land, in consideration that the company should fence the railroad, and that said appellees should have one crossing over and one under the railroad. It was then mutually agreed between the parties that the appellees should have the under-crossing at the point where the railroad crossed a highway on appellees’ real estate.

*329The place was selected for the over-crossing, hut it was never…