Ottawa, Osage City & Council Grove Railroad v. Larson
Supreme Court of Kansas
Error from Osage District Court. On the 28th day of May, 1886, Andrew Larson filed his petition against the Ottawa, Osage City & Council Grove Railroad Company, in the district court of Osage county.
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Error from Osage District Court. On the 28th day of May, 1886, Andrew Larson filed his petition against the Ottawa, Osage City & Council Grove Railroad Company, in the district court of Osage county. The petition alleged: “That he is the owner of lots numbers 6, 7, 8, and 9, in block 31, and lots number 4 and 5, in block 38, all in the Osage Carbon Company’s second addition to Osage City, in Osage county, state of Kansas; that said second addition is duly platted of record, and the streets and alleys thereof, including F street, are duly and lawfully dedicated and opened to the public as such…
1Opinion of the Court
The opinion of the court was delivered by
HORTON, C. J.:
This was an action commenced by Andrew Larson against the Ottawa, Osage City & Council Grove Railroad Company to recover $1,000 damages, on account of the location, construction and operation of its road upon a public street in an addition to Osage City, in front of lots owned and occupied by him. In its answer, for a third defense, the railroad company admitted that it was a corporation, engaged in the operation of a railroad through Osage county, and over and upon F street in the city of Osage City, but alleged that the city, by…
2Cases cited12 opinions
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- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
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