Banister v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Hutchison, J.:

In this action the plaintiff seeks to recover $3,000 damages against the defendant railway company for closing and obstructing the use of Birch street in the city of Arkansas City, over the railroad crossing, and thus depriving the plaintiff of the only accessible and practical means of ingress and egress to and from his three lots on the north side of Birch street, on which he has two dwelling houses. He alleged in his petition that the defendant railway company entered into some sort of a contract or agreement with the city to have the…