Union Pacific Railroad v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J. :

This was an action brought by the board of county commissioners of Saline county to enjoin the Union Pacific Raili’oad Company from excavating a ditch in, or interfering with the use of, an alleged highway. In 1870 proceedings were had toward the laying-out of a highway along, and within fifty feet of, the Union Pacific railroad track, and the roadway has been improved and used since that time. The railroad company contended that the road was *279not legally established ; that it was upon its right of way, which extended 200 feet on each…