Missouri Pacific Railway Co. v. Stone
Supreme Court of Kansas
Error from Coffey district court; Frederick A. Meckel, judge. STATEMENT. H. B. Stone, the owner of a farm in Coffey county, brought this suit to enjoin the defendants from maintaining an embankment which obstructed an underground' passage connecting the two portions of his farm separated by the railroad, and to recover damages sustained during the time the obstruction continued.
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Error from Coffey district court; Frederick A. Meckel, judge. STATEMENT. H. B. Stone, the owner of a farm in Coffey county, brought this suit to enjoin the defendants from maintaining an embankment which obstructed an underground' passage connecting the two portions of his farm separated by the railroad, and to recover damages sustained during the time the obstruction continued. The road belongs to the Kansas & Colorado Pacific Railway Company, but has been operated by the Missouri Pacific Railway Company since 1901. It was constructed in 1885, by the Interstate Railroad Company, which…
1Opinion of the Court
The opinion of the court was delivered by
PORTER, J.:
The judgment must be affirmed. The law of the case was declared in the former opinion and controls, and the1* facts found by the trial court, compel a judgment in favor of the plaintiff.
The first judgment was reversed for the reason that the uncontradicted evidence, excluding that given orally, established the fact that the right of way was *9acquired subject to the plaintiff’s right .of passage by-means of the subway left at the time the road was constructed, and it was held that an injunction should, have been granted. The contention…
2Cases cited5 opinions
- State v. MorrisonSupreme Court of Kansas · 1903
- Headley v. ChallissSupreme Court of Kansas · 1875
- Crockett v. GraySupreme Court of Kansas · 1884
- City of Kansas City v. BradySupreme Court of Kansas · 1894
- Rettman v. RichardsonSupreme Court of Kansas · 1877
3Cited by2 opinions
- State ex rel. Beals v. City of StaffordSupreme Court of Kansas · 1916
- Robertson v. Board of County CommissionersSupreme Court of Kansas · 1927