Legal Opinion

Montgomery v. Atchison, T. & S. F. Ry. Co.

Court of Appeals for the Tenth Circuit

Decided March 26, 1937No. 1473PublishedCited by 1 opinion

1Opinion of the Court

BRATTON, Circuit Judge.

This is an action to recover damages from the Atchison, Topeka & Santa Fé Railway Company for the asserted wrongful discontinuance and removal of a switch or industrial track, and for the alleged wrongful obstruction o'f a roadway over and across the right of way of the company.

These facts were set forth in the amended petition with its attached exhibits: Plaintiffs own lots 25 and 26 in block 7 in Oklahoma City. The city passed ordinance No. 203 in 1899, authorizing the company to build, maintain, and operate a switch in the alley running east and west through block 7,…

2Cases cited22 opinions

  1. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
  2. Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
  3. Rio Grande Western Railway Co. v. StringhamSupreme Court of the United States · 1915
  4. Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
  5. Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898

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3Cited by1 opinion

  1. Chesapeake & Potomac Telephone Co. v. City of MorgantownWest Virginia Supreme Court · 1959

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