Chicago, Kansas & Western Railroad v. Watkins
Supreme Court of Kansas
Error’ from Lincoln District Court. On the 11th day of August, 1887, J. B. Watlcins commenced his action against the Chicago, Kansas & Western Railroad Company, and alleged in his petition: “That the said defendant is now and at the times hereinafter mentioned was a corporation duly organized and existing under and by virtue of the laws of the state of Kansas; that said plaintiff is now and for more than one year last past has been the owner in fee and in the possession of…
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Error’ from Lincoln District Court. On the 11th day of August, 1887, J. B. Watlcins commenced his action against the Chicago, Kansas & Western Railroad Company, and alleged in his petition: “That the said defendant is now and at the times hereinafter mentioned was a corporation duly organized and existing under and by virtue of the laws of the state of Kansas; that said plaintiff is now and for more than one year last past has been the owner in fee and in the possession of the premises described as follows, to wit: The west half of section No. three, town No. 10, range No. 8, in Lincoln…
1Opinion of the Court
The-opinion of the court was delivered by
Horton, C. J.:
*571. ,, in^&espassna nay. *56This was an action brought by J. B. Watkins against the Chicago, Kansas & Western Railroad Company, to recover damages for trespass on real estate, committed in July, 1887. The land was owned by Watkins, but at the time of the trespass Monroe Smith was in the actual possession of the land, and entitled to the crops as tenant. It is claimed by the railway company that it is not responsible for the trespass, it having shown that the grade, the cutting *57down of trees, etc., was done by contractors having charge of the…
2Cases cited4 opinions
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1877
- Arn v. MatthewsSupreme Court of Kansas · 1888
- Missouri, Kansas & Texas Railway Co. v. WardSupreme Court of Kansas · 1872
3Cited by5 opinions
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- Golden v. McKimNevada Supreme Court · 1922
- Wacker v. MertzNorth Dakota Supreme Court · 1919
- Gould v. HartwigSupreme Court of Kansas · 1905
- Lawson v. DunseathNevada Supreme Court · 1918