Atchison, Topeka & Santa Fe Railway Co. v. Conlon
Supreme Court of Kansas
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
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- Parish v. KaspareIndiana Supreme Court · 1887
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
- Bennett v. BiddleSupreme Court of Pennsylvania · 1891
- Dexter v. TreeIllinois Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ricenbaw v. KrausNebraska Supreme Court · 1953
- Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Jobling v. TuttleSupreme Court of Kansas · 1907
- Fiest v. SteereSupreme Court of Kansas · 1953
- McIlquham v. Anthony Wilkinson Live Stock Co.Wyoming Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.