Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Conlon

Supreme Court of Kansas

Decided January 5, 1901No. 11,851PublishedCited by 16 opinions

Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges.

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

This was a suit brought by the railway company to enjoin the owner of a farm through which its road runs from removing, breaking down and opening the fences enclosing the right of way. The facts may be briefly stated: The farm consists of about 200 acres. In August, 1864, the Atchison & Pike’s Peak Railroad Company condemned a right of way 100 feet wide over and through it. Thereafter the Central Branch Union Pacific Railroad Company became the successor of the Atchison & Pike’s Peak road and acquired said right of way, and has ever since run…

2Cases cited7 opinions

  1. Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
  2. Parish v. KaspareIndiana Supreme Court · 1887
  3. Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
  4. Bennett v. BiddleSupreme Court of Pennsylvania · 1891
  5. Dexter v. TreeIllinois Supreme Court · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ricenbaw v. KrausNebraska Supreme Court · 1953
  2. Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
  3. Jobling v. TuttleSupreme Court of Kansas · 1907
  4. Fiest v. SteereSupreme Court of Kansas · 1953
  5. McIlquham v. Anthony Wilkinson Live Stock Co.Wyoming Supreme Court · 1909

11 more not listed; retrieve them via the Exa API.

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