Legal Opinion

County of McPherson v. United States Railroad Administration

Supreme Court of Kansas

Decided January 7, 1922No. 23,439PublishedCited by 6 opinions

Appeal from McPherson district court; Frank F. Prigg, judge.

1Opinion of the Court

The opinion of the court was delivered by

Marshall, J.:

The plaintiff commenced this action under section 8462 of the General Statutes of 1915 to recover the cost of rebuilding and repairing a bridge situated principally on the right of way of the Chicago, Rock Island and Pacific Railway Company. Judgment was rendered for the plaintiff, and the defendants appeal.

The petition alleged that the bridge constituted a part of the approach to a crossing of the railroad and a public highway; that the bridge was washed out by high water; and that the plaintiff expended $764.33 in rebuilding and…

2Cases cited7 opinions

  1. State ex rel. Lancaster County v. C., B. & Q. R.Nebraska Supreme Court · 1890
  2. Goddard v. DonahaSupreme Court of Kansas · 1889
  3. Atchison & Nebraska Rld. v. ReecherSupreme Court of Kansas · 1880
  4. Missouri Pacific Railroad v. Cass CountyNebraska Supreme Court · 1906
  5. Stephens v. ScottSupreme Court of Kansas · 1890

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3Cited by6 opinions

  1. Regents of University of California v. MorrisCalifornia Court of Appeal · 1968
  2. Linscott v. HughbanksSupreme Court of Kansas · 1934
  3. City of Garnett v. DowisSupreme Court of Kansas · 1936
  4. Stoutenberg v. GastonSupreme Court of Kansas · 1930
  5. McGill v. Oregon Short Line R.Court of Appeals for the Ninth Circuit · 1924

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