Chamberlain v. Missouri Pacific Railway Co.

Citations

• 107 Kan. 341
• 191 P. 261
• 12 A.L.R. 224
• 1920 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Farm Crossing — Over Railroad Right of Way — Full Compensation for Right of Way Previously Paid to Landowner — Writ of Manda/mus Denied. Where a railway company acquired a right of way across a farm in 1885, and at that time paid the owner the full compensation for all the damages, matured, continuing and prospective, which he thereby sustained, the railway company cannot be compelled, under a statute enacted many years later, to furnish a crossing over the railway and to construct it at its own expense to connect the two parts of the farm divided by the railway, since such an application of the after-enacted statute would deprive the railway company of its property without compensation, and deny to it that equal protection of the law which is guaranteed by both the state and federal constitutions.</p>