Legal Opinion

Atchison, T. & S. F. Ry. Co. v. City of Shawnee

Court of Appeals for the Eighth Circuit

Decided October 12, 1910No. 3,297PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the Western District of Oklahoma. Suit in equity by the Atchison, Topeka & Santa Fe Railway Company against the City of Shawnee and others. Decree for defendants, and complainant appeals. Reversed.

1Opinion of the Court

HOOK, Circuit Judge.

The Atchison, Topeka & Santa Eé Railway Company sued the city of Shawnee, Okl., and certain of 'its officers, to enjoin them from enforcing a resolution of the mayor and councilmen that a street within the bounds of the station grounds of the company be opened and put in condition for public travel. The trial court granted a temporary injunction, but at the final hearing and upon the same proofs it dismissed the bill. This change of view was probably thought'necessary because of City of Des Moines v. Railway, 214 U. S. 179, 29 Sup. Ct. 553, 53 L. Ed. 958, then recently…

2Cases cited4 opinions

  1. NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
  2. City of Des Moines v. Des Moines City Railway Co.Supreme Court of the United States · 1909
  3. Blackwell, Enid & Southwestern Railway Co. v. GistSupreme Court of Oklahoma · 1907
  4. Bullen v Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908

3Cited by10 opinions

  1. Balanced Rock Scenic Attractions, Inc. v. Town of ManitouCourt of Appeals for the Tenth Circuit · 1930
  2. Jones v. Oklahoma CitySupreme Court of Oklahoma · 1943
  3. Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
  4. City of St. Petersburg v. Atlantic Coast Line R. Co.Court of Appeals for the Fifth Circuit · 1943
  5. McPike v. AverySupreme Court of Oklahoma · 1925

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