Zimmerman v. Kansas City Northwestern R. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. This was a bill in equity to enjoin the defendant company from operating its railroad over a lot of ground formerly owned by plaintiff’s intestate, Zimmerman, until a judgment rendered against its predecessor in title, for damages sustained by the taking and appropriation of the lot should be paid.
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Appeal from the Circuit Court of the United States for the District of Kansas. This was a bill in equity to enjoin the defendant company from operating its railroad over a lot of ground formerly owned by plaintiff’s intestate, Zimmerman, until a judgment rendered against its predecessor in title, for damages sustained by the taking and appropriation of the lot should be paid. By the Statutes of Kansas iu force at the times hereinafter mentioned (section 1359 et seq., Gen. St. 1901), a scheme was provided by which railroad corporations in the exercise of the right of eminent domain might apply…
1Opinion of the Court
ADAMS, Circuit Judge,
after stating the case as above, delivered ■the opinion of the court.
Notwithstanding all the parties are citizens of Kansas, it is practically and we think necessarily conceded that the court below acquired jurisdiction, on the ground that the suit as originally brought involved the construction of the decree of the federal court in the foreclosure suit. We accordingly refrain from further considering the jurisdictional question raised by the assignment of error.
As the Wyandotte Company appropriated Zimmerman’s lot without resorting to the statutory method of exercising…
2Cases cited20 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Boise Valley Construction Co. v. KroegerIdaho Supreme Court · 1909
- Snowden v. Ft. Lyon Canal Co.Court of Appeals for the Eighth Circuit · 1916
- Lang v. Choctaw, O. & G. R.Court of Appeals for the Eighth Circuit · 1912
- Fordyce v. Kansas City & N. Connecting R. Co.U.S. Circuit Court for the District of Western Missouri · 1906
- Guardian Trust Co. v. KeithCourt of Appeals for the Eighth Circuit · 1934