Legal Opinion
State ex rel. Ise v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Decided April 10, 1915No. 19,229PublishedCited by 5 opinions
Appeal from Montgomery district court; Thomas J. Flannelly, judge.
1Opinion of the Court
The opinion of the court was delivered by
Mason, J.:
On January 27, 1913, the state brought an action against the Atchision,- Topeka & Santa Fe Railway Company, alleging that a grade highway crossing of its track is so constructed as to be unnecessarily dangerous to the traveling public, and asking relief by injunction. A judgment was rendered for the plaintiff and the defendant appeals.
The defendant maintains that the road referred to is not a regularly laid out highway. This contention is based on, the fact that the affidavits showing the giving of notice to landowners, advising them of the…
2Cases cited16 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Lake Erie & Western Railroad v. ShelleyIndiana Supreme Court · 1904
- Cincinnati, Indianapolis & Western Railway Co. v. City of ConnersvilleIndiana Supreme Court · 1908
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3Cited by5 opinions
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- Gehlenberg v. HartleySupreme Court of Kansas · 1917
- City of Iola v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
- State Highway Commission v. Panhandle Eastern Pipe Line Co.Supreme Court of Kansas · 1934
- Union Pacific Railroad v. Public Utilities CommissionSupreme Court of Kansas · 1916