Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Atchison District Court. Proceedings by the Atchison, Topeka & Santa Fé Railroad Company, to condemn certain lands owned by the Central Branch Union Pacific Railroad Company. The • former company being about to enter upon these lands, the latter company applied for a temporary injunction, which the judge of the district court refused February 13, 1882. This ruling the plaintiff company brings here. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J:
The Atchison, Topeka & Santa Fé Rid. Co., defendant in error, instituted proceedings to condemn certain lands owned by the Central Branch U. P. Rid. Co., plaintiff in error, in the county of Atchison, and to fhat end procured the appointment of three commissioners by the judge of the district court. These commissioners duly discharged their duty, assessed the damages, and filed their report with the county clerk on the 24th day of January, 1882. On the same day the defendant company deposited with the county treasurer of Atchison county,-…
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