Showalter v. Southern Kansas Railway Co.
Supreme Court of Kansas
Error from Sumner District Court. The opinion states the material facts. How did First street revert when it was vacated, on April 20,1887? This question turns upon the construction of §’ 55 of the act concerning cities of the second class. See Comp.
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Error from Sumner District Court. The opinion states the material facts. How did First street revert when it was vacated, on April 20,1887? This question turns upon the construction of §’ 55 of the act concerning cities of the second class. See Comp. Laws of 1885, ¶ 858; Gen. Stat. of 1889, ¶ 811. That section, so far as it affects this case., is as follows: “The council shall have power to open, widen,- extend or otherwise improve any street, avenue, alley, or lane, and also to vacate or discontinue the same whenever deemed necessary or expedient.” Then follows a proviso. Then follows an…
1Opinion of the Court
*429Opinion by
Simpson, C.:
At the time this action was commenced, the plaintiff in error, Florence M. Showalter, was the owner of the west half of block No. 2, in Myers’s addition to the city of Wellington, being a piece of ground 305' feet long from north to south, and 150 feet wide from east to west. At the time of the trial the plaintiff in error, with her husband, had resided on the half block for over 12 years. Their dwelling-house fronted on and was located about 45 feet from First street, that ran east and west along the northern boundary of the half block. First street was a part of the…
2Cited by12 opinions
- White v. JeffersonSupreme Court of Minnesota · 1910
- Clayton v. County CourtWest Virginia Supreme Court · 1905
- Roxana Petroleum Corporation v. SutterCourt of Appeals for the Eighth Circuit · 1928
- State ex rel. Johnston v. City of ManhattanSupreme Court of Kansas · 1924
- Southern Kansas Railway Co. v. ShowalterSupreme Court of Kansas · 1897
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