Legal Opinion

Atchison & Nebraska Railroad v. Garside

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 39 opinions

M'ror from, Atchison District Court. Garside owned two lots of 45 feet by 100 feet each, on which was erected a large brick warehouse, fronting on the levee, in the city of Atchison.

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M'ror from, Atchison District Court. Garside owned two lots of 45 feet by 100 feet each, on which was erected a large brick warehouse, fronting on the levee, in the city of Atchison. He sued plaintiff in error h> recover damages for injury to his business by the building of a railroad and operating the same along the levee in the public highway in front of his lots, which he claimed constituted an obstruction to travel in the street, thereby depriving plaintiff of pse of the street, rendering access to his lots dangerous, depriving him of the proper use of his lots, and thereby rendering his…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

*5641. Fee of streets incount™for use of the public. *5652. cities as control over publicana grounds. *563The defendant in error, Joshua Garside, sued the Atchison & Nebraska Railroad Company for constructing and operating its railroad over, along and across a certain piece of ground in the city of Atchison known as the “Levee,” or Levee street, and alleged by him to be a “public highway.” The railroad' company demurred to the plaintiff’s petition on the ground that it did not state facts sufficient to constitute a cause of action, and also moved the…

2Cases cited5 opinions

  1. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
  2. Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
  3. Slatten v. Des Moines Valley R. R.Supreme Court of Iowa · 1870
  4. Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
  5. Lackland v. North Missouri RailroadSupreme Court of Missouri · 1863

3Cited by39 opinions

  1. Jansen v. City of AtchisonSupreme Court of Kansas · 1876
  2. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  3. City of Emporia v. HumphreySupreme Court of Kansas · 1931
  4. C. B. U. P. Rld. Co. v. TwineSupreme Court of Kansas · 1880
  5. Atchison, Topeka & Santa Fé Railroad v. PatchSupreme Court of Kansas · 1882

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