State ex rel. Naylor v. Dodge City, Montezuma & Trinidad Railway Co.
Supreme Court of Kansas
Error from Gray District Court. Action by The State, on the relation of J. B. Naylor, county attorney, against The Dodge City, Montezuma & Trinidad Railway Company, and others, to obtain an injunction. A temporary injunction was refused, and plaintiff brings error. From St. J. & D. C. Rid.
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Error from Gray District Court. Action by The State, on the relation of J. B. Naylor, county attorney, against The Dodge City, Montezuma & Trinidad Railway Company, and others, to obtain an injunction. A temporary injunction was refused, and plaintiff brings error. From St. J. & D. C. Rid. Co. v. Ryan, 11 Kas. 602, 609; The State, ex rel., v. Bridge Co., 22 id. 438; Greeley Township v. Comm’rs of Saline Co., 26 id. 510; and City of Eudora v. Miller, 30 id. 494, the conclusion seems to be irresistible, that when a corporation avails itself of the sovereign power of the state for the purpose of…
1Opinion of the Court
The opinion of the court was delivered by
AllEN, J.:
This action was instituted by the county attorney of Gray county, in the name of the state, to restrain the defendant from tearing up and removing the track, ties and iron from that part of the roadbed of the Dodge City, Montezuma & Trinidad railroad in Gray county. A restraining order was granted by the district judge, to continue in force until December 22, 1893, which time was fixed for hearing the application for a temporary injunction. A hearing was had at that time, and the temporary injunction was denied. The plaintiff brings the case…
2Cases cited8 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- New York & Maryland Line R. Co. v. WinansSupreme Court of the United States · 1854
- Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
- Gates v. Boston & New York Air Line RailroadSupreme Court of Connecticut · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
- Buckwalter v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1902
- State ex rel. Brown v. BeatonSupreme Court of Iowa · 1920
8 more not listed; retrieve them via the Exa API.