Atchison, Topeka & Santa Fe Railway Co. v. Kansas City, Mexico & Orient Railway Co.
Supreme Court of Kansas
Error from Lyon district court; Dennis Madden, judge. STATEMENT. The Atchison, Topeka & Santa Fe Railway Company commenced an action against the Kansas City,. Mexico & Orient Railway Company to enjoin the latter from appropriating for right-of-way purposes a part of the Santa Fe company’s real estate.
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Error from Lyon district court; Dennis Madden, judge. STATEMENT. The Atchison, Topeka & Santa Fe Railway Company commenced an action against the Kansas City,. Mexico & Orient Railway Company to enjoin the latter from appropriating for right-of-way purposes a part of the Santa Fe company’s real estate. The petition alleged that the plaintiff was a corporation under the laws of the state of Kansas, engaged in the operation of a line of railroad, and in the business of a common carrier, and as such the owner of extensive track and roundhouse and other railroad facilities constructed on real…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J : The questions arising from the record in this cause relate to the right of one railway company to take the land of another for a right of way, and their solution depends upon the construction to be given to the statutes granting the power of eminent domain to railway corporations. Such statutes are sections 47, 81, and 87, chaper 23, General Statutes of 1868, and section 14, chapter 286, Laws of 1901 (Gen. Stat. 1901, § 5974), whicD reads as follows :
“Any railroad company authorized to operate a railroad in this state desiring to cross or…
2Cases cited3 opinions
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1877
- St. Louis, Alton & Terre Haute Railroad v. City of BellevilleIllinois Supreme Court · 1887
3Cited by7 opinions
- City of Norton v. LowdenCourt of Appeals for the Tenth Circuit · 1936
- Marsh Mining Co. v. Inland Empire Mining & Milling Co.Idaho Supreme Court · 1916
- Chicago, R. I. & P. Ry. Co. v. WilliamsDistrict Court, D. Kansas · 1906
- Metropolitan Water Co. v. Kansas CityU.S. Circuit Court for the District of Kansas · 1908
- Mattice v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
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