Pacific Railroad v. Leavenworth
U.S. Circuit Court for the District of Kansas
On motion for an injunction. The complainant, the Pacific Railroad Company (of Missouri) is a corporation chartered by the state of Missouri, and It built and is operating a road from St. Louis to the Kansas state line.
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On motion for an injunction. The complainant, the Pacific Railroad Company (of Missouri) is a corporation chartered by the state of Missouri, and It built and is operating a road from St. Louis to the Kansas state line. By virtue of its charter, it leased the road of the Missouri River Railroad Company, extending from the state line of Kansas to the city of Leavenworth, and it likewise leased on the 28th day of September, 1870, the road of the Leavenworth, Atchison, & Northwestern Railroad Company, extending from Leavenworth to Atchison, in Kansas. Substantially, the present controversy is…
1Opinion of the Court
DILLON, Circuit Judge.
This is an application by the Pacific Railroad of Missouri for a temporary injunction against the city of Leavenworth to prevent it from interfering with the complainant’s use within the city, of the track of the Leavenworth, Atchison, & Northwestern Railroad Company, of which latter company the complainant is the lessee.
The legal rights of the complainant to the use of the streets of the city, are wholly derived from the Leavenworth, Atchison & Northwestern Railroad Company, and can mount no higher than their source. The rights are derived from the ordinances and…
2Cases cited20 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- State ex rel. Spokane & British Columbia Telephone & Telegraph Co. v. City of SpokaneWashington Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.