Walker v. Chicago, Rock Island & Pacific Railroad

This was an action of ejectment brought by tbe plaintiff in Daviess County, to recover a strip of land on which the defendant’s railway was constructed; and thence taken, by change of venue, to Clinton County.

The answer sets up that defendants entered upon said land and constructed their road with the leave, license, con sent and acquiescence of the plaintiff. The replication denies the averments contained in the answer. Judgment for plaintiff.

The testimony shows that the plaintiff whose land was taken and used, was not present at the time; that when the railroad was being built, a gentleman…