Central Branch Union Pacific Railroad v. Andrews
Supreme Court of Kansas
Error from Atchison District Court. Action brought by Andrews against the Railroad Company, to recover damages to certain lots in the city of Atchison, owned by the plaintiff. Trial before W. D. W., judge pro tern., and a jury, at the November Term, 1880, of the district court, and verdict and judgment for the plaintiff for $2,000. The defendant brings the case here. The facts are stated in the opinion.
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Error from Atchison District Court. Action brought by Andrews against the Railroad Company, to recover damages to certain lots in the city of Atchison, owned by the plaintiff. Trial before W. D. W., judge pro tern., and a jury, at the November Term, 1880, of the district court, and verdict and judgment for the plaintiff for $2,000. The defendant brings the case here. The facts are stated in the opinion. The court below excluded certain evidence offered by the defendant, upon the theory that the investigation as to the depreciation in the value of the lots, if any, by reason of the obstruction…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On the 13th day of September, 1878, the defendant in error, R. S. Andrews, filed his petition in the *706statement district court of Atchison county, alleging in substance that the' plaintiff in error, the Central Branch Union Pacific railroad company, is a railroad corporation incorporated under the laws of the state of Kansas; that the city of Atchison is a city of the second class, in such state; that the plaintiff is and for many years had been, the owner and in the possession of lots numbered 16, 17, 18, 19, 20 and 21, in block 23, in…
2Cases cited6 opinions
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1872
- Selma, Rome & Dalton Railroad v. KeithSupreme Court of Georgia · 1874
- Pitkin v. City of SpringfieldMassachusetts Supreme Judicial Court · 1873
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3Cited by29 opinions
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- McDaniel v. City of CherryvaleSupreme Court of Kansas · 1913
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- City of Lafayette v. NagleIndiana Supreme Court · 1888
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