Legal Opinion

Highbarger v. Milford

Supreme Court of Kansas

Decided April 8, 1905No. 14,077PublishedCited by 32 opinions

Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. Highbarger and wife brought this suit permanently to enjoin Milford and others from closing, or in any manner obstructing, an alleged street, called Orange avenue, in Spring Grove addition to the city of Wichita. This addition lies north of Thirteenth street, which is an open and generally traveled highway and leads west into the main part of the city of Wichita.

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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. Highbarger and wife brought this suit permanently to enjoin Milford and others from closing, or in any manner obstructing, an alleged street, called Orange avenue, in Spring Grove addition to the city of Wichita. This addition lies north of Thirteenth street, which is an open and generally traveled highway and leads west into the main part of the city of Wichita. On the east of the addition is Hydraulic avenue, a public and well-traveled thoroughfare, extending north and south. The question at issue requires a knowledge…

1Opinion of the Court

*339The opinion of the court was delivered by

CUNNINGHAM, J.:

The plaintiffs’ claim is that when they purchased the land that they own fronting on Orange avenue, as a valuable and necessary appurtenant thereto they purchased the right to travel the entire length of that street, for the purpose of ingress to, and egress from, their property; that such right of ingress and egress became a vested one, and could not be taken from them by the legislature without due compensation. The defendant’s claim is that the legislature, representing the public, has a right to vacate streets and alleys dedicated to…

2Cited by32 opinions

  1. Bacich v. Board of ControlCalifornia Supreme Court · 1943
  2. Smith v. State Highway CommissionSupreme Court of Kansas · 1959
  3. Riddle v. State Highway CommissionSupreme Court of Kansas · 1959
  4. Powell v. Houston & Texas Central RailroadTexas Supreme Court · 1911
  5. State Ex Rel. Stephan v. LaneSupreme Court of Kansas · 1980

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