Legal Opinion

Inter-State Consolidated Rapid Transit Railway Co. v. Early

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 8 opinions

Error from Wyandotte District Court. On the 25th day of January, 1887, L. J. Early commenced his action against the Inter-State Consolidated Rapid Transit Railway Company to recover $3,000, because of the construction of a double-track railway on Sixth street, in Kansas City, Kansas, whereby it was alleged that the ingress to and egress from plaintiff’s premises on Sixth street were destroyed. Trial had before the court with a jury.

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Error from Wyandotte District Court. On the 25th day of January, 1887, L. J. Early commenced his action against the Inter-State Consolidated Rapid Transit Railway Company to recover $3,000, because of the construction of a double-track railway on Sixth street, in Kansas City, Kansas, whereby it was alleged that the ingress to and egress from plaintiff’s premises on Sixth street were destroyed. Trial had before the court with a jury. The jury returned a verdict for the plaintiff, and assessed his damages at $500. They also made and filed the following special findings of fact: “1. If you find…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action brought in the court below by L. J. Early against the Inter-State Rapid Transit Railway Company, to recover damages to certain lots owned by him in Kansas City, in this state, on account of the construction of its railway on Sixth street in front of his prop*199erty. Soon after, because of the consolidation of this and other companies, under the name of the Inter-State Consolidated Rapid Transit Railway Company, an amended petition was filed. Trial had before- the court with a jury. Judgment was rendered for the plaintiff…

2Cases cited2 opinions

  1. C. B. U. P. Rld. Co. v. TwineSupreme Court of Kansas · 1880
  2. Ottawa, Osage City & Council Grove Railroad v. LarsonSupreme Court of Kansas · 1888

3Cited by8 opinions

  1. Blair v. City of CharlestonWest Virginia Supreme Court · 1896
  2. Bancroft v. City of San DiegoCalifornia Supreme Court · 1898
  3. Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
  4. Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
  5. Chicago, Kansas & Western Railroad v. Union Investment Co.Supreme Court of Kansas · 1893

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