City of Seneca v. St. Joseph & Grand Island Railway Co.

Citations

• 94 Kan. 323
• 146 P. 1168
• 1915 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vacation of Street — City Ordinance — Ineffectual to Vacate Street. No part of the street is vacated by an ordinance of-a city of the second class, which is entitled as one in relation to vacating a part of a street for “railroad building purposes,” but which in its body only purports to authorize the railway company to use for “railroad purposes” the portion of the street described.</p> <p>2. Same — Adverse Possession by Railroad — City Not Estopped to Deny Vacation of Street. . Where under color of the authority of such ordinance the railway company has constructed a depot standing in part upon the designated portion of the street, and located its station and yard tracks upon the assumption that the street was vacated, ahd the depot and tracks have been so maintained for many years, the city is not estopped to deny the vacation of the street, unless with respect to the portion occupied by the depot.</p>