Chicago Great Western Railway Co. v. Kansas City Northwestern Railroad

The opinion of the court was delivered by

Mason, J.:

The Kansas City Northwestern Railroad Company is the owner of a line of railroad, including depots, terminal facilities and other property, with respect to which the' Chicago Great Western Railway Company has certain rights under a written agreement providing that the latter company may use such property in common with the owner company for a period of 999 years, paying for such privilege a stated *168annual sum, to be increased by interest upon any amounts expended for permanent improvements by the owner by joint consent, and that the expense of…