Fort Scott, Wichita & Western Railway Co. v. Fox
Supreme Court of Kansas
Error from Harvey District Court. On September 1,1886, Hugh Fox instituted an action against the St. Louis, Fort Scott & Wichita Railroad Company, and on September 1, 1887, by permission of the court, Fox filed a supplemental and amended petition making The Fort Scott, Wichita & Western Railway Company an additional party defendant, of which the’ following is a copy: “Comes now the plaintiff, and for his amended petition herein says, that the defendant, the St. Louis, Fort…
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Error from Harvey District Court. On September 1,1886, Hugh Fox instituted an action against the St. Louis, Fort Scott & Wichita Railroad Company, and on September 1, 1887, by permission of the court, Fox filed a supplemental and amended petition making The Fort Scott, Wichita & Western Railway Company an additional party defendant, of which the’ following is a copy: “Comes now the plaintiff, and for his amended petition herein says, that the defendant, the St. Louis, Fort Scott & Wichita Railroad Company, is, and at all times herein mentioned was, a railway corporation duly and regularly…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The only question presented is, whether the amended petition states a cause of action against the Fort Scott, Wichita & Western Eailway Company. The defendant in error, whose property abuts on Kansas avenue, a street in the city of Newton, seeks to recover damages for the total obstruction of the street by the railway company, whereby he is deprived of the means of ingress and egress to and from his property. According to the averments of the petition, the road was built by the St. Louis, Fort Scott & Wichita Eailroad Company, in July,…
2Cases cited3 opinions
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1882
- C. B. U. P. Rld. Co. v. TwineSupreme Court of Kansas · 1880
3Cited by10 opinions
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Brown v. HendricksSupreme Court of South Carolina · 1947
- Leavenworth, Northern & Southern Railway Co. v. CurtanSupreme Court of Kansas · 1893
- Stephenson v. Atchison Railway, Light & Power Co.Supreme Court of Kansas · 1913
- Atchison, Topeka & Santa Fe Railroad v. AndersonSupreme Court of Kansas · 1902
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