U. P. Railway Co. v. McCarty
Supreme Court of Kansas
Error from Lea/omworth District Cov/rt. Trespass, brought by McOa/rty. The facts are as follows: In 1862 The Union Pacific Pathway Oo., E. D., commenced proceedings in the district court to have the right of way condemned through the lands of. McCarty, and some fifty other persons.
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Error from Lea/omworth District Cov/rt. Trespass, brought by McOa/rty. The facts are as follows: In 1862 The Union Pacific Pathway Oo., E. D., commenced proceedings in the district court to have the right of way condemned through the lands of. McCarty, and some fifty other persons. The proceedings were commenced and prosecuted under the provisions of §§ 8 and 9, ch. 86, Territorial Laws of 1855, pp. 916, 917. Viewers were appointed, and their report was filed February 2,1863. They assessed the damages to McCarty’s land at $125. McCarty filed objections to the report. On the 24th of December,…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This was an action against plaintiff in error for damages accruing to the defendant in error from the Bail-road Company’s not fencing the land of McCarty, in accordance with a decree of the Leavenworth district court made on the 24th of December, 1863.
The central questions in the case, and the ones decisive of the merits, are, whether the record and decree in the case decided in 1863 was admissible in evidence; and if so, what effect was to be given to the decree. That proceeding was one commenced by the plaintiffs in error to have the…
Also in this document: Concurrence.
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