Leavenworth, Northern & Southern Railway Co. v. Meyer
Supreme Court of Kansas
Error from Leavenworth District CowL The opinion states the nature of the action and the material facts. A reasonable construction of the report of the condemnation commissioners showed that their proceedings were valid, and that the land was duly and legally condemned. The court erred in excluding their report. Lewis, Em.
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Error from Leavenworth District CowL The opinion states the nature of the action and the material facts. A reasonable construction of the report of the condemnation commissioners showed that their proceedings were valid, and that the land was duly and legally condemned. The court erred in excluding their report. Lewis, Em. Dom., §418; Gen. Stat. of 1889, ¶ 1391. The rule is well established, especially with respect to the acts of public officers, that everything is presumed to be rightly and duly performed until the contrary is shown. See Broom’s Legal Maxims (7th ed.), pp. 943, 944; 19 Am. &…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Otto Meyer brought this action against the Leavenworth, Northern & Southern Railway Company, to *28recover $5,000 as damages for the appropriation, without license or consent or the giving of compensation therefor, of a strip of land through his farm, for the construction and operation of a railroad. The railway company answered that it had obtained an easement through the land by formal and lawful condemnation proceedings. On the trial, it was shown that the company built a railroad through Meyer’s land, and evidence was submitted as to the…
2Cases cited2 opinions
- Hunt v. SmithSupreme Court of Kansas · 1872
- Memphis, Kansas & Colorado Railway Co. v. Parsons Town Co.Supreme Court of Kansas · 1881
3Cited by6 opinions
- Chicago, Kansas & Western Railroad v. SheldonSupreme Court of Kansas · 1894
- Claim of Sicks v. Board of County CommissionersSupreme Court of Kansas · 1928
- State ex rel. McDermott v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1919
- Chicago, Kansas & Western Railroad v. Nashua Savings BankSupreme Court of Kansas · 1893
- Issenhuth v. BaumSouth Dakota Supreme Court · 1898
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