Atchison Street Railway Co. v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Error from Atchison District Court. Action by The Atchison Street Railway Company against The Missouri Pacific Railway Company.
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Error from Atchison District Court. Action by The Atchison Street Railway Company against The Missouri Pacific Railway Company. The plaintiff prayed the court— “To enjoin and restrain the defendant, its officers and agents, and all and every person acting by, through or under it, or its officers, from in any manner cutting the rails forming plaintiff’s track, or in any manner interfering with or obstructing the crossing, taking up or removing plaintiff’s track or any part thereof, or the rails or timber of said track or any part thereof, or causing the same to be done in any manner whatever;…
1Opinion of the Court
The opinion of the court was delivered by
JBebwee, J.:
In October, 1880, the city council of Atchison by ordinance gave to J. H. Beeson & Co. their successors and assigns, the right to construct a street railway upon certain streets in the city of Atchison. In November, 1880, plaintiff in error was incorporated as a street railway company, and in the same month, by ordinance plaintiff was accepted as the successor of Beeson & Co., and as such given all the rights theretofore granted to said Beeson & Co. Among the streets named was Fifth street, and the right given was to lay a track and operate…
2Cases cited1 opinion
- Weimer v. BunburyMichigan Supreme Court · 1874
3Cited by38 opinions
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- Hilburn v. Enerpipe Ltd.Supreme Court of Kansas · 2019
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