Legal Opinion

Kansas & Colorado Pacific Railway Co. v. Phipps

Court of Appeals of Kansas

Decided July 13, 1896No. 145PublishedCited by 6 opinions

Memorandum. — Error from Bourbon district court; J. S. West, judge. Action by William Phipps and others against The Kansas & Colorado Pacific Railway Company and The Missouri Pacific Railway Company. Judgment for plaintiffs. Defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Cole, J. :

The defendants in error brought- this action, alleging in their petition that they were the owners, as tenants in common, of a certain piece of real estate situated in Bourbon county, Kansas, and that the defendant railroad companies were in the use and possession of a strip of land as their right of way upon and across said real estate ; that in 1885 or 1886 the Kansas, Nebraska & Dakota Railway Company built its road across said land without any right or *254authority, and that since said date said company has been consolidated with and has…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Phipps v. PhippsSupreme Court of Kansas · 1888
  2. Armstrong v. MooreCourt of Appeals of Kansas · 1895
  3. Chicago, Kansas & Western Railroad v. SeldersCourt of Appeals of Kansas · 1896

3Cited by6 opinions

  1. Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
  2. Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
  3. Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
  4. Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
  5. Moore v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957

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