State ex rel. Little v. Dodge City, Montezuma & Trinidad Railway Co.
Supreme Court of Kansas
Original Proceeding in Mandamus. This action was commenced in this court on January 4, 1894, to compel The Dodge Oity, Montezuma & Trinidad Railway Company and the other defendants to repair and relay certain portions of the track and roadbed of the railway company, in the counties of Gray and Ford, in this state.
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Original Proceeding in Mandamus. This action was commenced in this court on January 4, 1894, to compel The Dodge Oity, Montezuma & Trinidad Railway Company and the other defendants to repair and relay certain portions of the track and roadbed of the railway company, in the counties of Gray and Ford, in this state. It appears from the evidence presented upon the trial, that on May 21, 1887, the Dodge City, Montezuma & Trinidad Railway Company was chartered, to exist 99 years, and organized under the laws of the state, with the declared intention of constructing a line of railway from Dodge…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J. i
This proceeding has been commenced in this court, not for the purpose of compelling the Dodge City, Montezuma & Trinadad Railway Company or any of the defendants to operate the line of that railway in Ford and Gray counties, or any part thereof, but merely to require the defendants to repair and relay certain portions of the track and roadbed of the railway company. A railway company may be compelled by mandamus to perform the public duties specifically and plainly imposed upon the corporation; and, therefore, we have no doubt of the…
2Cases cited3 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
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- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
- State ex rel. Brown v. BeatonSupreme Court of Iowa · 1920
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