Stone v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Mason, J.:

In 1887 the Interstate Railroad Company acquired by condemnation a right of way across a farm owned by H. B. Stone. When the road was built a trestle bridge was put in over a low place, leaving an opening connecting the two* portions into which the tract was divided. This opening was used for an undergrade farm crossing until 1901, when the Missouri Pacific Railway Company, the successor of the Interstate Railroad Company, sought to replace the bridge by an embankment. Stone brought a suit to enjoin the filling up of the passage, claiming…