Missouri, Kansas & Texas Railway Co. v. Ward
Supreme Court of Kansas
M'ror from Bourbon District Court. Ward was the owner of 320 aeres of land, over and across which the Railway Company built its railway track and operated its road.
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M'ror from Bourbon District Court. Ward was the owner of 320 aeres of land, over and across which the Railway Company built its railway track and operated its road. Ward sued the company in trespass, alleging that his land was improved, that defendant unlawfully entered upon said lands, and with divers irresponsible persons had made large cuts and ditches thereon, had cut down and destroyed the growing timber, destroyed his growing crops, and had taken possession of and held a strip of land 100 feet in width the whole length of said 360 acres. The defendant answered, first, that plaintiff had…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This was an action brought by defendant in error to recover damages for trespass on real estate. The *356following facts are found in the record: The plaintiff in error built its road through the land of defendant in error, without having first obtained the right-of-way. The land was entered upon early in August 1870, and the work on the road-bed commenced. Application to the county commissioners for condemnation proceedings was made October 12th thereafter. The commissioners filed their report on the 28th of November, and the money allowed…
2Cited by2 opinions
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Chicago, Kansas & Western Railroad v. WatkinsSupreme Court of Kansas · 1890