Atchison, Topeka & Santa Fé Railroad v. Morgan
Supreme Court of Kansas
Error from Osage District Court. This was an action brought by defendant in error in the district court of Osage county, against the plaintiff in error, to recover the sum of $500 for an alleged trespass, and to enjoin further trespasses threatened by plaintiff in error upon the same real estate, which trespass would permanently injure the said real estate. Defendant below filed a general denial.
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Error from Osage District Court. This was an action brought by defendant in error in the district court of Osage county, against the plaintiff in error, to recover the sum of $500 for an alleged trespass, and to enjoin further trespasses threatened by plaintiff in error upon the same real estate, which trespass would permanently injure the said real estate. Defendant below filed a general denial. At the April term, 1887, the case was heard by the court, a jury being waived, upon the following agreed statement of facts: “It is hereby agreed by and between the parties hereto, that this cause…
1Opinion of the Court
Opinion by
Holt, C.:
The.plaintiff in error, defendant below, complains of two errors in the trial of the action: one, allowing damages for the boiler and its removal; the other, in decreeing a perpetual injunction against the removal of the pump. Both of the alleged errors involve the application of the same principles and require the determination of the same question, namely, whether the several pieces of property retained their character as chattels, or became fixtures. What we may say of one thing in this connection will usually apply to all the others. It will be conceded that before…
2Cases cited13 opinions
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Hendy v. DinkerhoffCalifornia Supreme Court · 1880
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Bank of Shelbyville v. HartfordCourt of Appeals of Kentucky (pre-1976) · 1937
- Kay County Gas Co. v. BryantSupreme Court of Oklahoma · 1928
- County of Placer v. Lake Tahoe Railway & Transportation Co.California Court of Appeal · 1922
- McFarlane v. FoleyIndiana Court of Appeals · 1901
14 more not listed; retrieve them via the Exa API.