Campbell v. Wichita Union Terminal Railway Co.

Citations

• 101 Kan. 817
• 168 P. 833
• 1917 Kan. LEXIS 203

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Claim Against City — No Statement Filed Within Four-Months — Action Barred. An action against a city of the first class for damages for obstructing a property owner’s ingress and egress can not be maintained without first filing the statement required by section. 1460 of the General Statutes of 1.015.</p> <p>2. Same — Obstructing Ingress to City Lots — Action Barred by Statute of Limitations. When the street, by means of which a property owner has ingress to and-egress from his property, is by ordinance vacated for the benefit of railroad companies for the purpose of constructing thereon an elevated structure for railroad tracks to a union station, and such ordinance has been accepted by the beneficiaries, and the work of construction begun, and the city has put up a sign “Street Closed, Ordinance No. 4066,” held that a cause of action has accrued for the permanent appropriation of such means of ingress and egress and the two-year statute of -limitations has begun to run.</p>