Atchison, Topeka & Santa Fe Railway Co. v. Armstrong
Supreme Court of Kansas
Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. The plaintiff sued to recover damages • on two causes of action, the second being based on injuries sustained by the defendant’s having deprived him of access to his property by closing an alley, and the first on injury resulting from his residence’s being permeated with cinders, smoke and gas from defendant’s locomotive-engines.
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Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. The plaintiff sued to recover damages • on two causes of action, the second being based on injuries sustained by the defendant’s having deprived him of access to his property by closing an alley, and the first on injury resulting from his residence’s being permeated with cinders, smoke and gas from defendant’s locomotive-engines. The facts, summarily stated, are as follow: There is a block in the town of Gardner bounded by Washington street on the north, Kane street on the south, and Elm street on the west, through…
1Opinion of the Court
*369The opinion of the court was delivered by
Greene, J.:
If the plaintiff, through the acts of defendant, was deprived of access to his premises by way of the public alley, he may recover damages therefor. Whether he was deprived of such access was a question of fact. The evidence was conflicting, some tending to show that such passage had not been materially interfered with, and some tending to prove the contrary. The jury, after hearing and weighing the evidence, found in favor of plaintiff, and this finding was approved by the trial court on a motion for a new trial. The judgment, therefore,…
2Cases cited6 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Beseman v. Pennsylvania RailroadSupreme Court of New Jersey · 1888
- Carroll v. Wisconsin Central Co.Supreme Court of Minnesota · 1889
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3Cited by18 opinions
- Leek v. TheisSupreme Court of Kansas · 1975
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- Northern Natural Gas Company v. L.D. Drilling, Inc.Court of Appeals for the Tenth Circuit · 2012
- Dudding v. Automatic Gas Co.Texas Supreme Court · 1946
- Thomason v. RailroadSupreme Court of North Carolina · 1906
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