Leavenworth, Northern & Southern Railway Co. v. Curtan
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Curtan and wife against the Railway Company, to recover damages for the permanent obstruction of certain alleys. Judgment for plaintiffs for $1,000. The defendant brings the case here.
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Error from Leavenworth District Court. Action by Curtan and wife against the Railway Company, to recover damages for the permanent obstruction of certain alleys. Judgment for plaintiffs for $1,000. The defendant brings the case here. The opinion states the material facts. 1. The plaintiffs cannot recover in this action because, first, if the railroad company occupied the land and the alley with its buildings under lawful authority, there was not a taking of plaintiff’s property; secondly, if the railroad company did not occupy the alley and premises under lawful authority, it was simply…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This action was brought by Cornelius W. and Bridget E. Curtan against the railway company, to recover damages suffered by reason of the permanent obstruction of two alleys in the rear of a lot owned by them, by which the ingress to and egress from the same were prevented and destroyed: The Curtan property which was damaged, being lot 3, is in block 116 of Leavenworth city, through which block the railway of the plaintiff in error was built in January, 1888. The lot is 44 feet wide and 140 feet'deep, and is in the east part of the block,…
2Cases cited5 opinions
- 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 · 1882
- Fort Scott, Wichita & Western Railway Co. v. FoxSupreme Court of Kansas · 1889
- Ottawa, Osage City & Council Grove Railroad v. FisherSupreme Court of Kansas · 1889
3Cited by16 opinions
- Herbert v. WaggSupreme Court of Oklahoma · 1910
- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
- Oliver v. NugenSupreme Court of Kansas · 1957
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
- Talbott v. Butte City Water Co.Montana Supreme Court · 1903
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