Union Terminal Railroad v. Board of Railroad Commissioners
Supreme Court of Kansas
Error from Shawnee District Court. ACTION by the Railroad Compcmy against the Board of Railroad Commissioners of Kansas for an injunction. The plaintiff brings here for review an order denying a temporary writ. The opinion states the material facts. It is clear that the act of 1887 with reference to crossings is an exercise of the power of eminent domain. N. P. Rid. Co. v. St. P. &c. Rid. Co., 1 McCr. 502; U. P. Rid. Co. v. Burlington &c. Rid.
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Error from Shawnee District Court. ACTION by the Railroad Compcmy against the Board of Railroad Commissioners of Kansas for an injunction. The plaintiff brings here for review an order denying a temporary writ. The opinion states the material facts. It is clear that the act of 1887 with reference to crossings is an exercise of the power of eminent domain. N. P. Rid. Co. v. St. P. &c. Rid. Co., 1 McCr. 502; U. P. Rid. Co. v. Burlington &c. Rid. Co., 1 id. 452. See, also, C. B. U. P. Rid. Go. v. A. T. & S. Rid. Co., 28 Kas. 453; Hunt v. Smith, 9 id. 137; 6 Am. & Eng. Eneyc. of Law, 604. The…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
Upon application, and after due notice and a hearing, the board of railroad commissioners, on January 3, 1893, made an order allowing the Union Terminal Railroad Company to cross the tracks and rights-of-way of the Union Pacific Railway Company and the Missouri Pacific Railway Company at a point near the west end of the bridge across *684the Kansas river, in Wyandotte county. The order provided that the crossing should be made at grade, and prescribed the terms and manner of crossing, as well as fixed the compensation to be paid. On May 8,…
2Cases cited1 opinion
- State v. AndersonSupreme Court of Kansas · 1869
3Cited by4 opinions
- Yount v. HooverSupreme Court of Kansas · 1915
- In re LuttgerdingSupreme Court of Kansas · 1910
- Union Terminal Railroad v. Board of Railroad CommissionersSupreme Court of Kansas · 1894
- Larimore v. MillerSupreme Court of Kansas · 1908