Legal Opinion

Hunt v. Smith

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 15 opinions

M'ror from Leavenworth District Court. The charter of the Kansas Central Railway Company was filed in the office of the Secretary of State June 1st, 1871. The corporators were Leonard T. Smith, Janies C. Stone,, Lucien Scott, H. L. Newman, and M. S. Hall; and the object and purpose of the corporation was to construct and operate a raihvay from the city of Leavenworth westerly, to the western, boundary of the State—to do which would require a right of' way from said city,…

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M'ror from Leavenworth District Court. The charter of the Kansas Central Railway Company was filed in the office of the Secretary of State June 1st, 1871. The corporators were Leonard T. Smith, Janies C. Stone,, Lucien Scott, H. L. Newman, and M. S. Hall; and the object and purpose of the corporation was to construct and operate a raihvay from the city of Leavenworth westerly, to the western, boundary of the State—to do which would require a right of' way from said city, westwa-rdly, through the county of Leavenworth. October 3d, 1871, the company made application to-the Judge of the…

1Opinion of the Court

*145The opinion of the court was delivered by

Valentine, J.:

The questions involved in this case we decide as follows:

I. The statutes of Kansas authorizing real estate to be appropriated to the use of a railroad company for a right of way (Gen. Stat., pp. 212 to 215, ch. 23, §§81 to 89; Laws of 1870, pp. 155, 156, §§ 1, 2,) so far as they apply to this case do not contravene the provisions of § 4, article 12, of the constitution, and are not unconstitutional or void.

II. An owner of land is not in the actual occupancy of the same within the meaning of § 49 of the act concerning private corporations,…

2Cases cited1 opinion

  1. Saint Joseph & Denver City R. R. v. OrrSupreme Court of Kansas · 1871

3Cited by15 opinions

  1. Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
  2. St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
  3. Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
  4. Beedy v. FinneySupreme Court of Iowa · 1902
  5. Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889

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