Legal Opinion

Mikesell v. Durkee

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 11 opinions

Error from Bourbon District Court. Action brought by Mikesell against Durkee & Stout, to perpetually enjoin them from excavating in a public street in front of plaintiff’s lots in Fort Scott, and from constructing and operating a railroad on such street and in front of his lots. On November 28, 1884, Hon. C. O. French, district judge, dissolved a temporary injunction obtained by plaintiff in said action. This ruling Mikesell brings here for review.

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Error from Bourbon District Court. Action brought by Mikesell against Durkee & Stout, to perpetually enjoin them from excavating in a public street in front of plaintiff’s lots in Fort Scott, and from constructing and operating a railroad on such street and in front of his lots. On November 28, 1884, Hon. C. O. French, district judge, dissolved a temporary injunction obtained by plaintiff in said action. This ruling Mikesell brings here for review. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Bourbon county, by Warren Mikesell against J. A. Durkee and W. H. Stout, partners as Durkee & Stout, to perpetually enjoin the defendants from excavating in a public street in front of the plaintiff’s lots in Fort Scott, Kansas, and from constructing and operating a railroad in such street and *510in front of such lots. Durkee & Stout are not a railroad corporation, nor common or public carriers, nor is it their intention to become such; but their object in making the excavations and in…

2Cases cited5 opinions

  1. Milhau v. . SharpNew York Court of Appeals · 1863
  2. White v. FlannigainCourt of Appeals of Maryland · 1852
  3. Wilson v. City of Mineral PointWisconsin Supreme Court · 1875
  4. Ewell v. GreenwoodSupreme Court of Iowa · 1868
  5. Smith v. City of LeavenworthSupreme Court of Kansas · 1875

3Cited by11 opinions

  1. City of Emporia v. HumphreySupreme Court of Kansas · 1931
  2. Hatfield v. . StrausNew York Court of Appeals · 1907
  3. Bradley v. PharrSupreme Court of Louisiana · 1893
  4. Adams v. Ohio Falls Car Co.Indiana Supreme Court · 1892
  5. Gustafson v. HammSupreme Court of Minnesota · 1894

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