State ex rel. Veale v. Paul

I concur in the result. The controlling features 'of this case lead to a definite conclusion and leave no room for speculation as to what might have been intended.

It is the settled law in this state, and generally, that in the absence of special statutory authority, acting under the general statutes to lay out streets and highways, municipal and county officials have no authority to lay out a street or' highway longitudinally upon the right of way of a railroad company. (U. P. Rly. Co. v. Kindred, 43 Kan. 134, 135, 23 Pac. 112; City of Bridgeport v. New York & New Haven R. R. Co., 36 Conn.…