Buckwalter v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 64 Kan. 403
• 67 P. 831
• 1902 Kan. LEXIS 219

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Bight of Way — Ejectment—Estoppel. Where a landowner has stood by and permitted a railroad company possessing the right of eminent domain to build and put in operation a line of road across his land, and thereby create large interests useful to the company and the public, without first having obtained the authority so to do by the exercise of the right of eminent domain or otherwise, he cannot maintain an action of ejectment against such company to recover the right of way occupied by it and necessary for the operation of its road.</p>