Chicago, Kansas & Nebraska Railway Co. v. Van Cleave
Supreme Court of Kansas
Error from Thomas District Court. The plaintiff made a timber-culture entry on the northwest quarter, section 31, township 7, range 33, in Thomas county, on the 11th day of May, 1886, and entered into possession of said land and continued to hold it up to the time of the trial of this action. The land adjoins the town site of Colby, being immediately north of said town site.
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Error from Thomas District Court. The plaintiff made a timber-culture entry on the northwest quarter, section 31, township 7, range 33, in Thomas county, on the 11th day of May, 1886, and entered into possession of said land and continued to hold it up to the time of the trial of this action. The land adjoins the town site of Colby, being immediately north of said town site. The defendant railway company located its line of road so that a right-of-way a hundred feet in width would include 2.97 acres of plaintiff’s land, and a little more than that much of the town site, and would take a…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
The first error alleged is in refusing the following instruction:
“7. If the jury believe from the evidence that the cut or excavation complained of in this case was made by the defendant for the purpose of bringing its roadbed to grade, and that said cut or excavation was made on land lying south of the land to which the plaintiff claims to have a timber-culture entry, then the plaintiff cannot recover anything in this action on account of said cut or excavation.”
There was evidence introduced tending to show that no part of the track was…
2Cases cited6 opinions
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Kucheman v. C., C. & D. R'y Co.Supreme Court of Iowa · 1877
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Campbell v. United StatesSupreme Court of the United States · 1924
- Johnson v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1947
- Andrews v. CoxSupreme Court of Connecticut · 1942
- People Ex Rel. Department of Public Works v. Volunteers of AmericaCalifornia Court of Appeal · 1971
- De Vore v. State Highway CommissionSupreme Court of Kansas · 1936
8 more not listed; retrieve them via the Exa API.