Scrutchfield v. Choctaw, Oklahoma & Western Railroad
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OF FACTS. This action was commenced in the district court of Logan county by the filing of the following petition: “Comes now said plaintiff and for his cause of action against said defendant alleges and avers: “That defendant is a corporation duly created, organized and existing under and by virtue of the laws of the Territory of Oklahoma, and that such defendant has constructed a…
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Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OF FACTS. This action was commenced in the district court of Logan county by the filing of the following petition: “Comes now said plaintiff and for his cause of action against said defendant alleges and avers: “That defendant is a corporation duly created, organized and existing under and by virtue of the laws of the Territory of Oklahoma, and that such defendant has constructed a railroad with the corporate limits of the city of Guthrie, in said territory. “That plaintiff was, long prior to the…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
From the foregoing statements of facts, it is manifest that the question presented in this ease is whether or not the owner of real property can maintain an action foT damages thereto, by reason of the lawful construction of a railroad where no parts of the premises are taken by the railroad right of way, and where the only damage complained of is such as arises by reason- of the construction of the railroad across a street which runs in front of the plaintiff’s property, and which street is obstructed by the construction of the railroad, at the point where…
2Cases cited3 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Brady v. ShinkleSupreme Court of Iowa · 1875
3Cited by12 opinions
- Suter v. Wenatchee Water Power Co.Washington Supreme Court · 1904
- Siegenthaler v. NewtonSupreme Court of Oklahoma · 1935
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Blanding v. City of Las VegasNevada Supreme Court · 1929
- Atchison, T. & S. F. Ry. Co. v. Terminal Oil Mill Co.Supreme Court of Oklahoma · 1937
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