Atchison, Topeka & Santa Fe Railway Co. v. Conlon

The opinion of the court was delivered by

McElroy, J. :

This action was brought by the Atchison, Topeka & Santa Fe Railway Company in the district court of Atchison county, against Anna *339Conlon and James Conlon, as defendants, perpetually to enjoin and restrain them from entering upon the right of way and lands of plaintiff and from removing, breaking and opening the fences enclosing its right of way.

The defendants filed an answer and cross-petition, in which, after generally denying the allegations of the petition, they admitted that the plaintiff owned and operated a line of railway across the…