Rosa v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Kansas
Error from Neosho District Court. Rosa was in the possession and occupancy of certain lands taken and appropriated through statutory condemnation proceedings by the Bailway Company, and he claimed damages for injuries alleged to be sustained to the lands so occupied. The Bailway Company demurred. All necessary facts appear in the opinion. The district court sustained the demurrer, at the December Term 1872, and Rosa brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
í Pleading over Bustained^rrer waives error. This action was originally a proceeding instituted by the Missouri, Kansas & Texas Eailway Company to obtain the right-of-way for its railroad through the various tracts of land along its route in Neosho county. The plaintiff in error, Squire Eosa, was aggrieved by the assessment of damages made concerning one of said tracts of land, and thereuPon he appealed to the district court. In the district court he filed a petition setting forth the ^ac<.g cage_ ^is petition the railway company…
2Cases cited5 opinions
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
- Wood v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1873
- Judge v. MooreSupreme Court of Florida · 1860
- Nelson v. MatherSupreme Court of Kansas · 1869
- Dean v. GecmanIllinois Supreme Court · 1867
3Cited by12 opinions
- Cunningham v. PattersonSupreme Court of Kansas · 1913
- Kingman & Co. v. PixleySupreme Court of Oklahoma · 1898
- Anderson v. BurnhamSupreme Court of Kansas · 1893
- Prescott v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1903
- Carle v. Oklahoma Woolen MillsSupreme Court of Oklahoma · 1906
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