St. Joseph & Denver City Railroad v. Dryden
Supreme Court of Kansas
Error from Doniphan District Court. The opinion of the court contains a full statement of the facts and proceedings. The district court, at the September Term 1873, gave judgment for costs in favor of Dryden, and the Railroad Company brings the case here for review.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*280 1. Demurrer to evidence.
*279The substantial question in this case is, whether the district court abused its discretion in refusing to open up a case and permit the plaintiff to offer further testimony after it had sustained a demurrer to the evidence. The facts are these: Pláintiff in error, plaintiff below, brought an action to restrain defendant from cutting down telegraph poles or interfering-in any manner with plaintiff in the operation of its railroad and telegraph line on a strip one hundred feet in width across the defendant’s land. The…
2Cases cited1 opinion
- Swartzel v. DeySupreme Court of Kansas · 1865
3Cited by17 opinions
- Jacob Laub Baking Co. v. MiddletonOhio Supreme Court · 1928
- Bee Building Co. v. DaltonNebraska Supreme Court · 1903
- Pettegrew v. PettegrewNebraska Supreme Court · 1935
- Hargis v. RobinsonSupreme Court of Kansas · 1905
- Frick v. ReynoldsSupreme Court of Oklahoma · 1898
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