Kroeger v. Twin Buttes Railroad
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. STATEMENT OE EACTS BY THE COURT. To the south and east of the city of Tucson the surface of the country is nearly level, extending to the mountains beyond from twelve to twenty miles. The general slope of this mesa is from the east and southward to the north and westward. The slope is about uniform and the grade light.
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APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. STATEMENT OE EACTS BY THE COURT. To the south and east of the city of Tucson the surface of the country is nearly level, extending to the mountains beyond from twelve to twenty miles. The general slope of this mesa is from the east and southward to the north and westward. The slope is about uniform and the grade light. Plaintiff’s dwelling-house and outhouses are situated upon premises comprised of six lots located on the east side of the city of Tucson and on…
1Opinion of the CourtCunningham, J.
On March 11, 1911, the supreme court of the territory of Arizona handed down its opinion in this ease, reversing and remanding same. Kroeger v. Twin Buttes R. R. Co., 13 Ariz. 348, 114 Pac. 553. Subsequently, and before the advent of statehood on February 14, 1912, that'court granted appellee’s motion for a rehearing. It is not clear upon which of the several grounds urged the order was based, but we find the case pending for our consideration, and, under such conditions, we will consider the same as though the rehearing was granted generally upon its merits as though it had never been…
2Cases cited3 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Kroeger v. Twin Buttes RailroadArizona Supreme Court · 1911
3Cited by15 opinions
- Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
- Southern Pacific Co. v. ProebstelArizona Supreme Court · 1944
- City of Tucson v. DunseathArizona Supreme Court · 1914
- City of Tucson v. WondergemCourt of Appeals of Arizona · 1967
- Brasher v. GibsonArizona Supreme Court · 1966
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