Legal Opinion

Ralston v. Dodge City, Montezuma & Trinidad Railway Co.

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 1 opinion

Error from, Ford District Court. Action by E. S. Ralston, trustee, Ed. F. Burrell, clerk, and H. J. Gyles, treasurer, and others, officers of Eairview township, in Ford county, against The Dodge City, Montezuma & Trinidad Railway Company, E. F. Kellogg, Harry Benjamin, and others. A temporary injunction granted plaintiffs was dissolved, and they bring error.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The plaintiffs, who are officers of Fair-view township, in Ford county, commenced their action against the defendants to enjoin and restrain them from tearing up and removing, in that county, the track of the Dodge City, Montezuma & Trinidad railway, a short road of 26 miles, which was built in 1888 from Dodge City through Fairview township, in Ford county, to Montezuma, in Gray county, a distance of 26 miles. It has not, however, been in operation for several months, the railway company being insolvent, and having no means to operate the…

2Cases cited2 opinions

  1. Bobbett v. StateSupreme Court of Kansas · 1872
  2. Center Township v. HuntSupreme Court of Kansas · 1876

3Cited by1 opinion

  1. Emporia Township v. WilliamsSupreme Court of Kansas · 1939

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