Griffiths Grain Co. v. St. Joseph & Grand Island Railway Co.

The opinion of the court was delivered by

' Porter, J.:

Plaintiff sued to recover for damages to a grain elevator caused by negligence of the defendant in operating its trains. The elevator stood on the right of way of defendant and a freight car got off the track and was pushed through the elevator building. The jury returned a verdict in favor of the plaintiff, and the defendant appeals.

The answer alleged that defendant had leased to the plaintiff, at a yearly rental of $6, a portion of its right *591of way for the purpose of constructing thereon an elevator; that the lease contained an express…