Alexandria, Arcadia & Fort Smith Railroad v. Johnson

The opinion of the court was delivered by

Doster, 0. J.:

This case was once before in this court. (Railroad Co. v. Johnson, 58 Kan. 175, 48 Pac. 847.) Upon the hearing then had it was reversed, with directions for a new trial. Upon that trial a verdict and judgment were rendered in favor of the plaintiff in error, but not in the form satisfactory to it, and it has again prosecuted error to this court.

The material facts are that on the 7th- day of October, 1889, two railroad companies, one called the Alexandria, Arcadia and Fort Smith Railroad Com*418pany, the other the Kansas City, Louisiana and…