Atkinson v. Missouri Pacific Railway Co.

Citations

• 95 Kan. 828
• 149 P. 430
• 1915 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Contract to Maintain Farm Crossing without Gates —Contract Not Contrary to Public Policy, and Enforceable. A contract between a railway company and a landowner for a farm crossing without gates, forming a part of the consideration for the railway right of way across the owner’s land, is not contrary to the public policy of this state as indicated by its statutes and the contract may be specifically enforced by the landowner although he has had considerable trouble about cattle getting killed at the crossing and the railway company desires to erect gates to avoid killing the plaintiff’s cattle and to protect the public.</p>