Blakely v. Chicago, Kansas & Nebraska Railway Co.
Nebraska Supreme Court
Rehearing of case reported in 34 Neb., 284. By permitting the defendant’s grantor, the Chicago, Kansas & Nebraska Railway Company, to enter upon the land and fully construct and operate its road thereon without objection or protest, knowing all the time just what was being done, the plaintiff is estopped to maintain ejectment.
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Rehearing of case reported in 34 Neb., 284. By permitting the defendant’s grantor, the Chicago, Kansas & Nebraska Railway Company, to enter upon the land and fully construct and operate its road thereon without objection or protest, knowing all the time just what was being done, the plaintiff is estopped to maintain ejectment. (Omaha & N. N. R. Co. v. Redich, 16 Neb., 313; Pryzbylowicz v. Missouri R. R. Co., 3 McCrary [U. S.], 586; Goodin v. Cincinnati & Whitewater Canal Co., 18 O. St., 169; McAulay v. Western V. R. Co., 33 Vt., 311; Gray v. St. Louis & S. F. R. Co., 81 Mo., 126; Dodd v. St.…
1Opinion of the Court
Ryan, C.
An opinion was filed in this case which was reported in 34 Neb., 284. A rehearing was afterward granted, and upon reargument it is now reached for further consideration. The deed of Maggie C. .Blakely to the Republican Valley Railroad Company conveyed a certain strip of land one hundred feet wide across certain lands described by government subdivisions, “to have and to hold the same unto the said railroad company, its successors and assigns.” In connection with the language just quoted the controversy in the case hinges on the words following the names and description of the grantors…
2Cases cited8 opinions
- Jones v. Van BochoveMichigan Supreme Court · 1894
- Reichenbach v. Washington Short Line Railway Co.Washington Supreme Court · 1894
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
- Omaha Southern Railway Co. v. BeesonNebraska Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stevens v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1919
- Quinn v. Pere Marquette Railway Co.Michigan Supreme Court · 1931
- State Ex Rel. State Highway Commission v. GriffithSupreme Court of Missouri · 1938
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Moakley v. Los Angeles Pacific Railway Co.California Court of Appeal · 1934
14 more not listed; retrieve them via the Exa API.