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WILSON v. ST. LOUIS-SAN FRANCISCO RLY. CO.

No. 39,929

179 Kan. 112 (1956)

292 P.2d 725

JOE WILSON and MAUDE LEE WILSON, Appellants, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 28, 1956.

Attorney(s) appearing for the Case

Bernard V. Borst and D. Clifford Allison, both of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Keith Eales, Cliff W. Ratner, William A. Fry, A. Wayne Murphy, Ray A. Overpeck and H.K. Greenleaf, Jr., all of Wichita, were with them on the briefs for the appellants.

Henry V. Gott, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, George Stallwitz, Ralph M. Hope, Richard W. Stavely and Charles S. Lindberg, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action for temporary damages sustained by plaintiffs as a result of defendant railroad's closing of a cattle crossing under its railroad on plaintiffs' farm, and to compel defendant to restore the underpass or to construct a farm crossing over the railroad.

Defendant's demurrer to the second amended petition was sustained, and plaintiffs have...

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