Wichita & Western Railroad v. Fechheimer
Supreme Court of Kansas
Error from, Sedgwick District Court. Gette Fechheimer brought an action against the Wichita & Western Railroad Company, alleging that it was a corporation organized and existing under the laws of the state of Kansas, and that on the first day of August, 1883, she was the owner of a tract of real estate situated in Sedgwick county, the boundaries of which were described.
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Error from, Sedgwick District Court. Gette Fechheimer brought an action against the Wichita & Western Railroad Company, alleging that it was a corporation organized and existing under the laws of the state of Kansas, and that on the first day of August, 1883, she was the owner of a tract of real estate situated in Sedgwick county, the boundaries of which were described. She then alleged that — “On or about the 15th day of August, 1883, the said defendant, without the license or consent of the plaintiff, and against the rights of plaintiff, by its agents, servants and contractors took…
1Opinion of the Court
*48The opinion of the court was delivered by
Johnston, J.:
1. Railroad right of way no authority to giant. Gette Fechheimer is the owner of a tract of land within the limits of the city of Wichita. The mayor and council of that city granted the Wichita & Western railroad company a right-of-way over Orme street, and the ordinance by its terms also granted a right-of-way over a proposed extension of that street from its western terminus to the Arkansas river. The so-called extension would pass over and along the south side of the premises of the defendant in error; but the fact is that the extension…
2Cases cited1 opinion
- Bent v. PhilbrickSupreme Court of Kansas · 1876
3Cited by18 opinions
- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- State v. PattersonSupreme Court of Kansas · 1893
- Lewis v. City of SeattleWashington Supreme Court · 1893
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