Edson v. City of Olathe

The opinion of the court was delivered by

Burch, J.:

The railway company sued the city for damages following the repeal of an ordinance granting the use' of the streets of the city for the construction and operation of a street and interurban railway. A demurrer was sustained to the petition, and the railway company, by its receiver, appeals..

After alleging the passage of the original ordinance, acceptance of its terms, and compliance with its conditions on the part of. the plaintiff, the petition proceeds as follows:

“The plaintiff further avers that notwithstanding its rights in the premises…