Southern Kansas Railway Co. v. City of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Oldahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE EACTS. This proceeding was an injunction in the district court of Oklahoma county, to restrain the defendant from entering upon the right of way of plaintiffs at First street and California avenue in Oklahoma City, and opening the same to public travel, over and across their right of way, station grounds, tracks, switches, platforms and improvements, and to prevent the…
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Error from the District Court of Oldahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE EACTS. This proceeding was an injunction in the district court of Oklahoma county, to restrain the defendant from entering upon the right of way of plaintiffs at First street and California avenue in Oklahoma City, and opening the same to public travel, over and across their right of way, station grounds, tracks, switches, platforms and improvements, and to prevent the defendants from tearing up the tracks, platforms and improvements of the plaintiffs at those streets. The plaintiffs averred that…
1Opinion of the Court
Opinion of the court by
Hainer J.:
The Fifth article of the amendment to the constitution of the United States or,dains among other things, that:
“No person shall be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.”
Section 37, article 3, chapter 14, Statutes of Oklahoma of 1893, provides that:
“Private property may be taken for public use, or for the purpose of giving the right of way, or other privileges, to any railway company, * * * ‘or for any other necessary purpose; but in every case, the city…
2Cases cited23 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- In Re PottsSupreme Court of the United States · 1897
- Charlotte, Columbia & Augusta Railroad v. GibbesSupreme Court of the United States · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- City of Long Beach v. PayneCalifornia Supreme Court · 1935
- Strange v. Board of CommissionersIndiana Supreme Court · 1910
- Graham v. City of DuncanSupreme Court of Oklahoma · 1960
- Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
- Shannon v. MartinSupreme Court of Georgia · 1927
18 more not listed; retrieve them via the Exa API.