Legal Opinion

Earlywine v. Topeka, Salina & Western Railway Co.

Supreme Court of Kansas

Decided January 15, 1890PublishedCited by 4 opinions

Error from Morris District Court. The case is sufficiently stated in the opinion. Judgment for the defendant Company, at the April term, 1887. The plaintiff Earlywine brings the case to this court.

1Opinion of the Court

Opinion by

Green, C.:

Plaintiff below sued the defendants in error in the district court of Morris county, for trespass alleged to have been committed upon the line of the right-of-way of the defendants, and on the land of the plaintiff. The material allegations of the petition are, that the defendants own and operate a line of railroad from Council Grove, in Morris county, to Salina; that said road was built in 1882, through the land of the plaintiff; that on or about the 1st of April, 1886, and at divers times since, along and upon the right-of-way of said railroad and on plaintiff’s land the…

2Cases cited3 opinions

  1. Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
  2. Kœhler v. BallSupreme Court of Kansas · 1863
  3. Coburn v. WeedSupreme Court of Kansas · 1873

3Cited by4 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
  2. Farmers Cooperative Co. v. United StatesUnited States Court of Federal Claims · 2011
  3. Cook v. LarsonSupreme Court of Kansas · 1891
  4. State ex rel. Evans v. Spokane International RailroadIdaho Supreme Court · 1978

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