Chicago & Atlantic Railway Co. v. Sutton

This appeal involves the validity of.an order of the board of county commissioners of Huntington county, purporting to establish a highway.

The appellant was the plaintiff below, and by its complaint alleged, in substance, that it was the owner of a strip of land one hundred feet wide in said county, comprising its right of way, over which it was operating a line of railroad; that at a certain point thereon the appellees had, wrongfully and without license, entered upon said right of way, torn down the fence enclosing it for a distance of forty feet on each side, and were threatening to and,…