Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Atchison District Court. The nature of this action, and the facts, appear in the opinion. May 18, 1881, the district court dissolved a temporary injunction which had been granted by the probate judge of Atchison county on behalf of the Central Branch Union Pacific Railroad Company and against the Atchison, Topeka & Santa Fé Railroad Company, which ruling the plaintiff company brings here for review.
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Error from Atchison District Court. The nature of this action, and the facts, appear in the opinion. May 18, 1881, the district court dissolved a temporary injunction which had been granted by the probate judge of Atchison county on behalf of the Central Branch Union Pacific Railroad Company and against the Atchison, Topeka & Santa Fé Railroad Company, which ruling the plaintiff company brings here for review. Under the admissions and the undisputed facts, the court, below erred in dissolving the injunction. The admitted facts show that the road of the defendant company was constructed and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 24th day of March, 1881, the defendant company applied to the district judge for the appointment of three commissioners for the purpose of laying off and condemning certain lands and town lots in the city of Atchison, being the property of the plaintiff, which application being presented on said day, the district judge appointed certain commissioners in pursuance of the request *674so made in defendant company’s application. Thereafter the commissioners so appointed published notice that on the 27th day of April, 1881, they would meet to…
2Cases cited3 opinions
- Mississippi & Tennessee Railroad v. DevaneyMississippi Supreme Court · 1869
- Hamilton v. Annapolis & Elk Ridge Rail RoadCourt of Appeals of Maryland · 1852
- Virginia & Truckee Railroad v. LovejoyNevada Supreme Court · 1872
3Cited by12 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Atchison, Topeka & Santa Fé Railroad v. FletcherSupreme Court of Kansas · 1886
- Gardner v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
- Smith v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1913
- Hurd v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
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