Missouri, Kansas & Texas Railway Co. v. Lycan
Supreme Court of Kansas
Error from Crawford District Court. Hon. J. S. West, Judge. The petition in this case, filed in the Court below by Belle Lycan, as plaintiff, alleged that the defendant was a corporation operating a line of railroad in Crawford County, and, second : “That this plaintiff, on the 18th day of October,. 1891, and for a long time prior thereto, was the owner of, and possessed of the following described lands, to wit: The southeast quarter and the east half of the southwest…
Read the full summary
Error from Crawford District Court. Hon. J. S. West, Judge. The petition in this case, filed in the Court below by Belle Lycan, as plaintiff, alleged that the defendant was a corporation operating a line of railroad in Crawford County, and, second : “That this plaintiff, on the 18th day of October,. 1891, and for a long time prior thereto, was the owner of, and possessed of the following described lands, to wit: The southeast quarter and the east half of the southwest quarter of section four, township twenty-eight, of range twenty-two in Crawford county, Kansas, upon which said lands there…
1Opinion of the CourtAllen, J.
1. Petition averring destruction of growing trees injury to freehold. There are 17 specifications of error in the brief. Most of them, however, merely present in different forms the same 'proposition, the substance of which is, that the defendant failed to allege and show that the property destroyed was a part of the freehold and added to the value of the farm, and that the destruction thereof diminished its value. It is urged that the petition is insufficient for the purpose of a recovery as for an injury to the land, and that the case was erroneously tried on that theory. The petition…
2Cited by28 opinions
- Evans v. MoseleySupreme Court of Kansas · 1911
- Kansas City, Fort Scott & Memphis Railroad v. PerrySupreme Court of Kansas · 1902
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- American Stores Co. v. HermanCourt of Appeals of Maryland · 1934
- Williams v. WithingtonSupreme Court of Kansas · 1913
23 more not listed; retrieve them via the Exa API.