Chicago, Rock Island & Pacific Railway Co. v. Wynkoop

Citations

• 73 Kan. 590
• 85 P. 595
• 1906 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Closing of a Railway-crossing — Jurisdiction. A suit of injunction to prevent the closing of an under-grade crossing of a railroad operates in personam, and is not one of those provided for in section 46 of the civil code (Gen. Stat. 1901, §4476) .which must be brought in the county in which the subject of the action is situated.</p> <p>2. Railroads — Contract with Landowner for Right of Way— Reservation. A contract between the owner of land and a railroad company, in connection with a proceeding to condemn a right of way for a railroad, which reserved to the landowner an undergrade crossing as a means of access from one part of the farm to the other, and which was taken into account by the condemnation commissioners in the award of damages for the appropriation of the right of way, is binding upon both of the parties.</p>