Legal Opinion

Lawrence & Topeka Railway Co. v. Moore

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 3 opinions

Error from, Leavenworth District Court. At the September Term, 1878, of the district court, Moore, as plaintiff, recovered a judgment against the L. & T. Rly. Co. for $1,000. The nature of the action, and the facts, appear in the opinion. The Railway■ Company brings the case to this court.

1Opinion of the Court

*324The opinion of the court was delivered by

Horton, C. J.:

On the 23d day of February, 1872, the Lawrence & Topeka Railway Company instituted proceedings to condemn a right of way over land belonging to D. M. Moore, the defendant in error. On May 28th, 1872, the report of the commissioners was filed in the office of the county clerk of Douglas county, and thereby $125 was awarded for the land sought to be taken. On June 3d, 1872, Moore filed an appeal bond, and duly appealed from the award of the commissioners to the district court. In order that the railway company might take possession of and…

2Cases cited1 opinion

  1. St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876

3Cited by3 opinions

  1. Kansas City, Emporia & Southern Railroad v. MerrillSupreme Court of Kansas · 1881
  2. State Highway Commission v. GriffinSupreme Court of Kansas · 1931
  3. Commonwealth Trust Co. v. Scott City Northern RailroadSupreme Court of Kansas · 1914

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