Gulf, Colorado & S. F. Ry. Co. v. Brown

Opinion by

RUTH, C.

Plaintiff and defendant will herein be designated as they appeared in the trial court.

Plaintiff’s petition alleges Mary Brown was the owner of certain lands in Pottawatomie county, and the slope and decline of her lands was from east to west; that defendant constructed its railroad from north to south along the west line of her lands, and in so doing it constructed an earth embankment from three to six feet in height along the west line of her lands; that on either side of the railway embankment defendant had dug “borrow pits” along the railway line, from which pits the…