Atchison Street Railway Co. v. Nave
Supreme Court of Kansas
Error from Atchison District Court. Abram Nave, James McCord and G. L. Moulton brought au action against The Atchison Street Railway Company, to enjoin the construction of a street railroad along Second street in the city of Atchison, alleging that the plaintiffs had constructed large buildings on that street to be used as wholesale houses and which were adapted to that purpose, and that the construction of the railroad in the manner threatened would necessarily obstruct and…
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Error from Atchison District Court. Abram Nave, James McCord and G. L. Moulton brought au action against The Atchison Street Railway Company, to enjoin the construction of a street railroad along Second street in the city of Atchison, alleging that the plaintiffs had constructed large buildings on that street to be used as wholesale houses and which were adapted to that purpose, and that the construction of the railroad in the manner threatened would necessarily obstruct and destroy access to their property and buildings, and would be of irreparable injury and damage to them; and they further…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Two principal questions are brought up by this proceeding for our consideration and decision. The first relates to the objection of misjoinder, and arises on the order overruling the demurrer alleging that several causes of action and several parties plaintiff were improperly joined, and also *751in rendering a single judgment in favor of all the plaintiffs upon what are termed independent causes of action. It is argued that the obstruction of access to the Nave & McCord building, which was adjoining and north of the Moulton building, in no…
Also in this document: Concurrence.
2Cases cited5 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Atchison Street Railway Co. v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1884
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- G. C. R'y Co. v. G. C. S. R'y Co.Texas Supreme Court · 1885
- City of Detroit v. Detroit City Railway Co.Michigan Supreme Court · 1877
3Cited by16 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
- Longnecker v. Wichita Railroad & Light Co.Supreme Court of Kansas · 1909
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