Kansas City Northwestern Railroad v. Schwake
Supreme Court of Kansas
Error from Leavenworth district court; Jambs H. Gillpatrick, judge. STATEMENT. Plaintiff below, defendant in error here, is the owner of six lots in the city of Leavenworth, each fifty feet in width, facing on Front street and extending back and abutting on an alley in the rear. Plaintiff in error laid a railway-track in the alley. Preparatory thereto it dug a ditch more than twenty feet in width and from eighteen to twenty feet deep.
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Error from Leavenworth district court; Jambs H. Gillpatrick, judge. STATEMENT. Plaintiff below, defendant in error here, is the owner of six lots in the city of Leavenworth, each fifty feet in width, facing on Front street and extending back and abutting on an alley in the rear. Plaintiff in error laid a railway-track in the alley. Preparatory thereto it dug a ditch more than twenty feet in width and from eighteen to twenty feet deep. It is alleged in the petition that the railroad company “appropriated the said alley for the whole width thereof, and a< part and portion of the west end of the…
1Opinion of the Court
The opinion of the court was delivered by'
Smith, J.:
The case was tried and proceeded to judgment in the court below on the theory that the obstruction to the alley was a permanent appropriation of it by the railroad company. Such appropriation involved the weakening of the lateral support of the rear end of the lots abutting on the alley by reason of an excavation to the depth of eighteen feet, made to accommodate the railroad-track. Entering into the verdict, as disclosed by the findings of the jury, was the element of damages caused by the impairment to the lateral support of the land…
2Cases cited6 opinions
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Schultz v. BowerSupreme Court of Minnesota · 1894
- Leavenworth, Northern & Southern Railway Co. v. CurtanSupreme Court of Kansas · 1893
- Smith v. City of SeattleWashington Supreme Court · 1898
- Ludlow v. Hudson River RailroadNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bard Ranch Company v. WeberWyoming Supreme Court · 1976
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Sanders v. State Highway CommissionSupreme Court of Kansas · 1973
- Deisher v. Kansas Department of TransportationSupreme Court of Kansas · 1998
- Campbell v. Wichita Union Terminal Railway Co.Supreme Court of Kansas · 1917
6 more not listed; retrieve them via the Exa API.