Toledo, St. Louis & Kansas City Railroad v. Loop

This was an action brought by the appellee to enjoin the appellants from entering upon the lands of appellee, adjoining the railroad right of way, and from cutting the growing timber thereon; also, to collect damages for timber already cut.

Judgment for damages and a perpetual injunction were awarded as prayed for.

*543The only alleged error discussed in appellants’ brief is the sustaining of the appellee’s demurrer to the appellant railroad company’s special paragraph of answer.

In this paragraph of answer the appellant company avers that it is the owner, controller, and in the daily use, of a…