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MISSOURI-KANSAS-TEXAS RAILROAD COMPANY v. FREER

Nos. 7713, 7717.

321 S.W.2d 731 (1958)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Plaintiff-Appellant, v. V. R. FREER, Defendant-Respondent. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Plaintiff-Respondent, v. V. R. FREER, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Overruled February 7, 1959.

Attorney(s) appearing for the Case

William A. Thie, Denison, Tex., McReynolds, Flanigan & Flanigan, Laurence H. Flanigan and John H. Flanigan, Carthage, for plaintiff.

Max A. Patten, Joplin, for defendant.

Motion for Rehearing or to Transfer to the Supreme Court Overruled February 7, 1959.

RUARK, Judge.

Injunction: Plaintiff railroad sued to restrain defendant, owner of land adjoining its right of way, from an alleged trespass on such right of way. The petition alleges that plaintiff railroad is the owner of a 100-foot wide easement across the land of defendant; that along the whole of such strip it maintains a pole and wire line which is an integral...

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