Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson

The opinion of the court was delivered by

Jochems, J.:

This was an action for injunction. Defendants demurred to plaintiff’s petition and the court overruled the demurrer. Defendants appeal from that decision.

The petition alleged, in substance, that plaintiff originally owned the land upon which the city of Hutchinson is situated; that it conveyed this land to one C. C. Hutchinson, who in turn platted the town; that in the conveyance the right of way of its railroad through the said city was reserved to plaintiff in fee simple. Plaintiff alleged that C. C. Hutchinson platted the land so…