Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

— The appellant’s complaint against the appellee was in three paragraphs, in each of which he sought to enjoin the appellee from making an embankment in its roadbed at a point where it had maintained a trestlework. In two of said paragraphs, it was alleged that the embankment would wholly obstruct a private passageway under said trestlework, enjoyed by the appellant for more than twenty years; and in the third para*469graph it was alleged that said embankment would destroy a tile drain maintained by the appellant for his adjacent lands. Upon the issue formed, the court rendered a special finding,…