State v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Error from Atchison District Court. Action of mandamus. The alternative writ, after alleging that the respective railroad companies are railroad corporations, and that the city of Atchison is a municipal corporation, and a city of the first class, then alleges as follows: “And [the railroad companies] having the right-of-way and privilege to lay down their tracks over certain streets and alleys in the said city of Atchison, and to run and operate their cars, engines and…
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Error from Atchison District Court. Action of mandamus. The alternative writ, after alleging that the respective railroad companies are railroad corporations, and that the city of Atchison is a municipal corporation, and a city of the first class, then alleges as follows: “And [the railroad companies] having the right-of-way and privilege to lay down their tracks over certain streets and alleys in the said city of Atchison, and to run and operate their cars, engines and trains over the same, and over and along an alley between Main street and Utah avenue in said city, and crossing Sixth…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
This was an action of mandamus, brought October 6, 1883, in the district court of Atchison county, by the county attorney, in the name of the state of Kansas, against the Missouri Pacific railway company, the Central Branch Union Pacific railroad company, and the Atchison, Topeka & Santa Fé railroad company, to compel the defendants jointly to construct a viaduct over the defendants’ railroad tracks where the same cross Sixth street, in the city of Atchi-.son, Kansas. An alternative writ of mandamus was issued in the case and served upon…
2Cases cited12 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- City of Topeka v. GillettSupreme Court of Kansas · 1884
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- State ex rel. City of St. Paul v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1900
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.