Legal Opinion

Kansas City, Emporia & Southern Railroad v. Merrill

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 14 opinions

Error .from, Greenwood District Court. At the November Term, 1880, of the district court, Merrill, as plaintiff, had judgment against the defendant Railroad Company, which brings the case here. The nature of the action, and the facts, appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

The plaintiff in error commenced proceedings to condemn the right of way through the land of the defendant in error, who was the owner of the northwest quarter of section seventeen, township twenty-three, range eleven, with the quarter-section lying immediately east thereof, and the whole section lying north, all in Greenwood county, and embracing 960 acres. All of this was used for the purposes of a stock ranch. The railroad ran nearly diagonally through the northwest quarter of section seventeen, but did not touch the adjoining lands.…

2Cases cited5 opinions

  1. St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
  2. Welch v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
  3. St. Paul & Sioux City Railroad v. MurphySupreme Court of Minnesota · 1873
  4. Atchison, Topeka & Santa Fe Railroad v. BlackshireSupreme Court of Kansas · 1872
  5. Lawrence & Topeka Railway Co. v. MooreSupreme Court of Kansas · 1880

3Cited by14 opinions

  1. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
  2. Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
  3. Idaho & Western Railway Co. v. CoeyWashington Supreme Court · 1913
  4. Incorporated Town of Sallisaw v. PriestSupreme Court of Oklahoma · 1916
  5. Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896

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