Wichita & Western Railroad v. Beebe

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Sedgwick county, on August 17,1885, by William L. Beebe, James W. Beebe, and Lawrence O. Beebe, partners as W. L. Beebe & Brothers, against the Wichita & Western Railroad Company, to recover damages for obstructing an alleged natural water-course. Before the trial, and on November 21, 1885, the railroad company offered, in writing, to allow judg*428ment to be taken against it for the sum of $213.01, and for costs of suit up to that date. This offer was first filed with the clerk of the…