City of Larned v. Boyd

Citations

• 76 Kan. 37
• 90 P. 814
• 1907 Kan. LEXIS 360

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Answer — Several Defenses — Demurrer—Immaterial Error. Where a demurrer is filed to each of several defenses pleaded to one cause of action set forth in the petition, and the demurrer is sustained as to certain of the defenses and overruled as to the others, and upon the trial the court finds generally in favor of the defendant and renders judgment, held, that the plaintiff cannot be prejudiced by the ruling on the demurrer, if any one of the defenses upon which the action is tried is sufficient as pleaded.</p> <p>2. Municipal Corporations — Vacation of Streets. Where the right of way of a railroad crosses a street in a city diagonally, leaving, between the right of way and a cross thoroughfare, a section of the street, the length of the longer side of which is about equal to the width of the street and the other a mere point, an 'ordinance providing for the vacation of the street so far as the same intersects, crosses or cuts or comes in contact with the right of way is effective to vacate the triangular section of the street.</p>