Legal Opinion

Atchison & Nebraska Railroad v. Gough

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 10 opinions

Error from Doniphan District Court. At the March Term, 1882, of the district court, plaintiff Gough recovered a judgment against the defendant Railroad Company, which brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

*95statement or facts. *961. Railroad right-of-way; damages to entiretyan *94The defendant in error was the owner of the southwest quarter and the south half of the northwest quarter *95of section 6, township 5, range 21. These lands formed a contiguous tract, and were all used for k single purpose as one farm. In other words, the defendant in error owned a single farm of 240'acres — the land all compact, contiguous, and devoted to the one use. Through this single farm, the railroad, the plaintiff in error, condemned a right-of-way. This right-of-way ran…

2Cases cited3 opinions

  1. Kansas City, Emporia & Southern Railroad v. MerrillSupreme Court of Kansas · 1881
  2. Reisner v. Atchison Union Depot & RailroadSupreme Court of Kansas · 1882
  3. Leavenworth, Topeka & Southwestern Railway Co. v. PaulSupreme Court of Kansas · 1882

3Cited by10 opinions

  1. Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
  2. Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1888
  3. Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
  4. United States ex rel. Tennessee Valley Authority v. PowelsonCourt of Appeals for the Fourth Circuit · 1941
  5. California Zinc Co. v. United StatesUnited States Court of Claims · 1947

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