POLLOCK, District Judge.
The facts in this case, as pleaded, are, in substance, as follows:
Plaintiff is and for many years has been the owner of a tract of about 60 acres of land lying on the bank of the Neosho river in Labette county, this state. Defendant constructed an embankment or grade for a railroad from 2 to 8 feet in height, for the purpose of forming a grade for its line of railway. This grade or embankment is so constructed as to cause the greater...
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