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· 7/6/1918

Hawks v. Atchison, Topeka & Santa Fe Railway Co.

Citations

  • 103 Kan. 390
  • 173 P. 922
  • 1918 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Public Alley- — Obstructions■—Railway Tracks — Damages to Abutting Lot Owner. Where a resident lot-owner’s only means of ingress and egress to and from his garage situated at the back part of his lot is through an alley which is totally obstructed by a railway company in the operation of its cars on a railway track in the alley and in permitting its cars to stand in the alley, such person may maintain an action for damages, and in such action it is no excuse for the railway company that the railway track itself was properly constructed and that it had obtained permission from the city to construct it.</p>

Judges: Dawson

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