Legal Opinion

Reisner v. Atchison Union Depot & Railroad

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 14 opinions

Error from Atchison District Court. The nature of the action, and the facts, appear in the opinion. At the March Term, 1881, of the district court, the defendant Company recovered a judgment against Reisner, who brings the case here. The refusal of the court to allow plaintiff in error to file her petition, and the exclusion of evidence of damages to lot 14 and the hotel thereon, involve the same question of law, and may be discussed together.

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Error from Atchison District Court. The nature of the action, and the facts, appear in the opinion. At the March Term, 1881, of the district court, the defendant Company recovered a judgment against Reisner, who brings the case here. The refusal of the court to allow plaintiff in error to file her petition, and the exclusion of evidence of damages to lot 14 and the hotel thereon, involve the same question of law, and may be discussed together. Filing.a petition in appeal, is proper practice. (8 Kas. 422; 10 id. 477; 25 id. 421.) The view of the trial court that the appeal bond must contain a.…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an appeal to the district court of Atchison county, from the determination of commissioners appointed to appraise the value and assess the damages sustained by the plaintiff by reason of the taking of a portion of one of her lots in the city of Atchison for a right of way.

The facts of the case upon which the questions of law arise, are these: Plaintiff is the owner of the north 25 feet of lot No. 13 and lot No. 14, in block No. 21, in the •city of Atchison, lot No. 14 being north of and contiguous to lot No. 13. Upon lot No. 14'…

2Cases cited5 opinions

  1. State v. ArmellSupreme Court of Kansas · 1871
  2. Welch v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
  3. Kansas City, Emporia & Southern Railroad v. MerrillSupreme Court of Kansas · 1881
  4. Atchison, Topeka & Santa Fe Railroad v. BlackshireSupreme Court of Kansas · 1872
  5. Missouri, Kansas & Texas Railway Co. v. HainesSupreme Court of Kansas · 1872

3Cited by14 opinions

  1. Consumers' Gas Trust Co. v. HarlessIndiana Supreme Court · 1892
  2. Enoch v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1893
  3. Chicago & West Michigan Railway Co. v. HuncheonIndiana Supreme Court · 1892
  4. Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889
  5. Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889

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