Chicago, Kansas & Western Railroad v. Union Investment Co.
Supreme Court of Kansas
Error from Dickinson District Court. Action by the Union Investment Company against the Chicago, Kansas & Western Railroad Company, to enjoin defendant from constructing its road along a certain street, and for damages to plaintiff’s land fronting said street. On March 11, 1889, plaintiff had judgment for damages, and defendant comes to this court. The opinion states the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In March, 1887, the Union Investment Company was the owner of a tract of land known as “Rich-land Park,” an addition to the city of Abilene, which it had platted into lots and blocks. In June, 1887, the Chicago, Kansas & Western Railroad Company began the construction of its road and telegraph line upon Third street of this addition. On the 23d of June, 1887, the Union Investment Company commenced this action to enjoin the construction *601of the railroad. Subsequently, and on October 15, 1888, that company filed an amended petition, claiming…
2Cases cited6 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1883
- Ottawa, Osage City & Council Grove Railroad v. LarsonSupreme Court of Kansas · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
- Atchison, Topeka & Santa Fé Railroad v. DavidsonSupreme Court of Kansas · 1894
- Hawks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1918