Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Davidson

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 3 opinions

Error from Sumner District.Court. Action by Davidson against the Railroad Company and another for obstructing a street. Judgment for the plaintiff at the January term, 1890. The defendant companies bring the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

*7411- rightsinaa-2‘sííuctedbV railroad— abutter310 *740On the 10th day of May, 1887, the council of the city of Wellington attempted by ordinance to discontinue and vacate First street, between A and F streets of that city, for the purpose of granting the right-of-way to two railroad companies, the defendants below. (Showalter v. S. K. Rly. Co., 49 Kas. 421.) Soon afterward, the railroad companies, in pursuance of the ordinance, built upon First street an embankment or roadbed, and occupied the street, or portions thereof, with tracks and…

2Cases cited5 opinions

  1. C. B. U. P. Rld. Co. v. TwineSupreme Court of Kansas · 1880
  2. Showalter v. Southern Kansas Railway Co.Supreme Court of Kansas · 1892
  3. Inter-State Consolidated Rapid Transit Railway Co. v. EarlySupreme Court of Kansas · 1891
  4. Chicago, Kansas & Western Railroad v. Union Investment Co.Supreme Court of Kansas · 1893
  5. St. Louis Transfer Railway Co. v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1892

3Cited by3 opinions

  1. Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
  2. Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
  3. McCabe v. . City of New YorkNew York Court of Appeals · 1915

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