Western Union Telegraph Co. v. Moyle
Supreme Court of Kansas
JEh'ror from Butler District Court. On the 25th day of June, 1888, Henry Moyle brought his action before a justice of the peace against the Western Union Telegraph Company and the St. Louis & San Francisco Railway Company, alleging therein that he was the owner of lot No. 27, in block No. 25, at Augusta, in this state; that the defendants, in the construction and operation of their telegraph lines, in 1882 fastened wires to the building on the lot described, without the…
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JEh'ror from Butler District Court. On the 25th day of June, 1888, Henry Moyle brought his action before a justice of the peace against the Western Union Telegraph Company and the St. Louis & San Francisco Railway Company, alleging therein that he was the owner of lot No. 27, in block No. 25, at Augusta, in this state; that the defendants, in the construction and operation of their telegraph lines, in 1882 fastened wires to the building on the lot described, without the consent of plaintiff, the owner thereof, and continuously used the property from that date up to and including the month of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that the district court had no jurisdiction in this case. It is said that in the original bill of particulars, and in the amended bill of particulars, Henry Moyle attempted to make it appear that his action was based upon the use of his property, and that he sought to recover $300 for the use only; but that upon the trial he relied upon proof establishing an action in trespass. Under the authority of Wagstaff v. Challiss, 31 Kas. 212, it is urged that, as justices of the peace have jurisdiction in actions for trespass on…
2Cases cited4 opinions
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Missouri Pacific Railway Co. v. HousemanSupreme Court of Kansas · 1889
- Missouri Pacific Railway Co. v. LeaSupreme Court of Kansas · 1891
3Cited by8 opinions
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- Ohio Hydrate & Supply Co. v. H. W. Underhill Construction Co.Supreme Court of Kansas · 1935
- Nichols v. Commonwealth Casualty Co.Supreme Court of Kansas · 1923
- Woodworth v. MaddoxSupreme Court of Kansas · 1924
- Eyman v. National Union Oil & Gas Co.Supreme Court of Kansas · 1941
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