St. Joseph & Denver City Railroad v. Dryden
Supreme Court of Kansas
Error from Doniphan District Court. Injunction, brought by the Railroad Company, to restrain Dryden from cutting down telegraph-poles, and interfering with their telegraph line. The opinion contains a sufficient statement of the facts.
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Error from Doniphan District Court. Injunction, brought by the Railroad Company, to restrain Dryden from cutting down telegraph-poles, and interfering with their telegraph line. The opinion contains a sufficient statement of the facts. The district court, at the September Term 1872, dissolved the temporary injunction thereto fore granted; and from such order plaintiff appeals, and brings the case here on error. 1. Certain facts are not controverted, to-wit, that plaintiff is operating a railroad, in which its telegraph is a necessary part, of such operation; that this railroad is a great…
1Opinion of the Court
*189The opinion of the court was delivered by
Kingman, C. J.:
The plaintiff in error brought its action against the defendant in error to recover damages for cutting down three telegraph-poles, forming part of a line along the plaintiff’s railroad, and other offenses of a like nature. As the defendant threatened to cut down other poles if the plaintiff put them up, an injunction was asked restraining defendant from interfering further with the building of the telegraph line. A temporary injunction was granted, which on motion was afterward dissolved. This order dissolving the injunction is the one…
2Cited by2 opinions
- Western Union Telegraph Co. v. RichSupreme Court of Kansas · 1878
- Harvey v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1891