City of Cheney v. Anderson

Citations

• 72 Kan. 696
• 84 P. 137
• 1906 Kan. LEXIS 373

Syllabus

<p>Practice, Supreme Court — Removal of an Obstruction of a Street — Injunction—Verdict and Evidence. Defendant asserted that a certain elevator obstructed a street. Plaintiff brought this suit to enjoin defendant from removing the elevator, claiming that it was situated upon a right of way not crossed by the street. The evidence showed that the owner of all the land executed a deed of the right of way, with covenants of warranty, on the day the plat was recorded, and the plat indicated that the streets were not intended to cross the right of way. A judgment for plaintiff, based upon a finding that the city had no rights on the right of way, was. affirmed.</p>