Heller v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by Mary II. Heller against the Railroad Company, to restrain its occupation of certain vacated ground, and to have the same adjudged a public thoroughfare. At the April Term, 1882, the district court refused to grant plaintiff a temporary injunction in such action, which ruling she brings to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case are as follows: Plaintiff in error (plaintiff below) was the owner of lots 211, 213, 215, in Crane’s addition to the city of Topeka — an addition duly platted in the year 1863. These lots are situated on the southwest corner of Adams street and First ave’nue east, the former street running north and south, and the latter east and west, the width of the former being 100 feet, and of the latter 130 feet. These lots face on First avenue east, and are each 25x130 feet. On the 3d of September, 1881, the council of the city…
2Cases cited8 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
- Barr v. City of OskaloosaSupreme Court of Iowa · 1876
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3Cited by58 opinions
- State v. SchmidtTexas Supreme Court · 1994
- State v. PetersonMontana Supreme Court · 1958
- Smith v. City of CentraliaWashington Supreme Court · 1909
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
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