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

Citations

• 77 Kan. 119
• 93 P. 590
• 1908 Kan. LEXIS 233

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Mandatory — Construction of Cattle-guards. Where a railway company neglects for a long time to construct cattle-guards where its road enters and leaves improved or fenced land, a mandatory injunction may properly issue commanding and compelling it to construct and maintain cattle-guards as the statute requires.</p> <p>2. Damages — Duplication—Failure to Maintain Cattle-guards. The record of that branch of the case seeking a recovery of damages for losses already sustained examined, and it is held that there was no duplication of damages in the award made by the jury.</p>