Atchison, Topeka & Santa Fe Railway Co. v. O'Leary

Citations

• 79 Kan. 664
• 100 P. 628
• 1909 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction—Paving Railroad Right of Way Used as a Street —Adverse User. An order refusing an injunction to restrain the contractors of a city from paving a part of a railway company’s right of way, long used without objection as part of a public street, should, under the facts found by the district court, contain provisions to the effect that the improvement shall not give to the'city or to the public any title to the land, or any interest that can ripen into a title by user or that will obstruct the company in the use of its right of way for the purposes for which it was granted, or impair its title thereto.</p>