CHICAGO, BURLINGTON & QUINCY RAILROAD CO. v. WHEATON

No. 9568-a.

80 N.W.2d 868 (1957)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Plaintiff and Respondent, v. Hal D. WHEATON, Defendant and Appellant.

Supreme Court of South Dakota.

February 11, 1957.


Attorney(s) appearing for the Case

John E. Goodrich, Ken C. Graves, Rapid City, for defendant and appellant.

Hanley & Costello, Rapid City, for plaintiff and respondent.


PENFOLD, Circuit Judge.

This is an appeal from a judgment of the Circuit Court of Pennington County, South Dakota, which judgment granted the respondent an injunction against the appellant, his agents, attorneys, and servants and also granted the respondent a money judgment against the appellant in the sum of $1,628.52.

The facts are as follows: Respondent, Chicago, Burlington, and Quincy Railroad, owns a right of way 100 feet wide, together with grade and...

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