Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Billings

Supreme Court of Kansas

Decided January 11, 1908No. 15,324PublishedCited by 5 opinions

Error from Montgomery district .court; Thomas J. Flannelly, judge.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Lewis Billings against the Atchison, Topeka & Santa Fe Railway Company to recover damages resulting from the failure of the company to maintain proper cattle-guards where the railway enters and leaves the fenced fields of his farm, and also to enjoin the company from hereafter operating its road through the farm without completing the enclosures on his farm with cattle-guards as the law prescribes. As the railway is constructed it intersects the fenced boundaries of Billings’s farm of 533 acres at eight…

2Cases cited7 opinions

  1. State v. GoodnightTexas Supreme Court · 1888
  2. City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
  3. Chicago, B. & Q. Ry. Co. v. Burlington, C. R. & N. Ry. Co.U.S. Circuit Court for the Southern District of Iowa · 1888
  4. United States v. Brighton Ranche Co.United States Circuit Court · 1885
  5. Blondell v. Consolidated Gas Co.Court of Appeals of Maryland · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bonnewell v. LoweSupreme Court of Kansas · 1909
  2. Cave v. HenleySupreme Court of Kansas · 1928
  3. Cary v. Commissioners' Court of Clarke CountySupreme Court of Alabama · 1928
  4. Wood v. Union Pacific RailroadSupreme Court of Kansas · 1913
  5. Breitenbach v. Anthony & Northern Railway Co.Supreme Court of Kansas · 1920

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