Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Burlingame Township

Supreme Court of Kansas

Decided January 15, 1887PublishedCited by 37 opinions

Error from Osage District Court. The opinion states the nature of the action, and the facts. Judgment for the plaintiff township, at the August Term, 1885. The defendant railroad company brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This action was brought by Burlingame township, of Osage county, to recover $7,290 damages alleged to have resulted from the building of the Atchison, Topeka & Santa Fé railroad across a public highway in Burlingame township in Osage county. The petition alleges that the highway was legally laid out and established long prior to the construction of the railroad, and-that by the construction of the railroad, which was prior to January 1, 1884, the highway was materially injured by excavations and embankments, which rendered it dangerous for…

2Cases cited2 opinions

  1. Palmer v. PalmerMichigan Supreme Court · 1877
  2. Jones v. EislerSupreme Court of Kansas · 1865

3Cited by37 opinions

  1. Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
  2. Williams v. BerginCalifornia Supreme Court · 1897
  3. Sanders v. Merchants State BankIllinois Supreme Court · 1932
  4. Ripley v. TolbertSupreme Court of Kansas · 1996
  5. Bauserman v. CharlottSupreme Court of Kansas · 1891

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