Legal Opinion

Leroy & Caney Valley Air-Line Railroad v. Small

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 2 opinions

Error from Wilson District Court. The opinion states the material facts. Judgment for the plaintiff, Small, at the September term, 1888. The defendant Companies bring the case here.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This' was an action brought in the district-court of Wilson county by O. V. Small against the Leroy & Caney Valley Air-Line Railroad Company and the Missouri Pacific Railway Company, in which the plaintiff alleged, among other things, that the defendants had constructed their railroad across his land under a contract; that they had not fulfilled their contract, but had committed a breach thereof; that they *301had procured condemnation proceedings to be instituted and carried on to consummation without his knowledge, in which he was allowed…

2Cited by2 opinions

  1. Baldock v. AtwoodOregon Supreme Court · 1891
  2. Matson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1909

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