City of Cherokee v. Illinois Central Railroad

Weaver, J".

— The defendant’s line of railroad passes through the city of Cherokee, and of necessity crosses the-streets which intersect its right of way. On December 19, 1900, the plaintiff city by its solicitor filed herein a petition alleging that at the point where said railroad crosses Second street, a public highway, defendant, acting without authority so to do, had erected abutments on either side of said street, each extending thirteen feet into the public way and wholly obstructing the sidewalks, and that within the remaining space within these abutments defendant was in the act of…