Finlay v. Union Pac. R. Co.

MELLOTT, District Judge.

This case is before the court upon a motion for Summary Judgment, filed by the defendants and the City of Kansas City, Kansas, third party defendant. By amended complaint, filed subsequent to removal from the District Court of Wyandotte County, Kansas, to this court, plaintiff, a resident of Nebraska, seeks judgment against the defendant railroad companies in the amount, of $45,000 for damages alleged to have been sustained by, or as the result of, raising a portion of a viaduct on 18th Street in Kansas City, Kansas, and detaching a concrete driveway or approach…