Mo. River, Fort Scott & Gulf Rld. v. Shepard
Supreme Court of Kansas
Error from Bourbon District Court. Shepard sued the Railroad Company to recover damages for certain alleged trespasses committed at divers times between July 1st, 1869, and the commencement of this suit, February 6th, 1871. The petition alleges, that before and at the time of the commission of the trespasses the plaintiff was the owner and in possession of certain lots in the city of Fort Scott; that on July 1st, 1869, and on divers other days after -thát day and before the…
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Error from Bourbon District Court. Shepard sued the Railroad Company to recover damages for certain alleged trespasses committed at divers times between July 1st, 1869, and the commencement of this suit, February 6th, 1871. The petition alleges, that before and at the time of the commission of the trespasses the plaintiff was the owner and in possession of certain lots in the city of Fort Scott; that on July 1st, 1869, and on divers other days after -thát day and before the commencement of the suit, the defendant, forcibly and unlawfully entered upon said land, built an embankment, laid…
1Opinion of the Court
The- opinion of the court ivas delivered by
Brewer, J.:
The principal question in - this case is as to* the'validity of certain proceedings for the condemnation of *652•the right of way through the real estate of defendant in error. The proceedings were had under art. 9 of ch. 23 of the Gen. Stat.,, pages 212, 213. It is not claimed that the proceedings were not in conformity to the provisions of this article, hut it is insisted that under §§ 48 and 49 of the same chapter, p. 203, certain things must be done before any application -can be made under art. 9; or, if this be not so, then that art. 9…
2Cases cited4 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Beard v. BeardIndiana Supreme Court · 1863
- Mason v. MessengerSupreme Court of Iowa · 1864
3Cited by14 opinions
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Concerned Citizens, United, Inc. v. Kansas Power & Light Co.Supreme Court of Kansas · 1974
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
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