City of Kansas v. Kansas Pacific Railway Co.
Supreme Court of Kansas
Error from Wyandotte District Court. Injunction, brought by the Railway Company, to restrain the City of Kansas (“which is in the state of Kansas,”) from taking and appropriating certain lands for a public street, pending an appeal taken from the proceedings on the part of the city to appropriate such lands.
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Error from Wyandotte District Court. Injunction, brought by the Railway Company, to restrain the City of Kansas (“which is in the state of Kansas,”) from taking and appropriating certain lands for a public street, pending an appeal taken from the proceedings on the part of the city to appropriate such lands. The district judge, at chambers, 30th April 1875, refused to dissolve the injunction, and the City of Kansas appeals, and brings the case here. contended that a municipal corporation has the right and power to.condemn railroad property for a highway, and that a railroad company has no…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
From the record in this case, it appears that steps were taken to condemn a right-of-way by the city authorities of the City of Kansas, over and across certain property of the Kansas Pacific Railway Company, at a point where its switching-yards were located, and where there were twenty-two railroad tracks to be crossed, for the extension of a street of said city, called James street. It is admitted by the pleadings, that prior to the attempt by the city to take possession of the property for the proposed extension of said James street as…
2Cases cited3 opinions
- Blackshire v. Atchison, Topeka & Santa Fe Rld.Supreme Court of Kansas · 1874
- St. Joseph & Denver City Rld. v. CallenderSupreme Court of Kansas · 1874
- Trustees of Iowa College v. City of DavenportSupreme Court of Iowa · 1858
3Cited by5 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- State v. CurtisSupreme Court of Kansas · 1883
- Rolens v. City of HutchinsonSupreme Court of Kansas · 1910
- State Highway Commission v. PhillipsSupreme Court of Kansas · 1937