Kansas City Northwestern Railroad v. Frohwerk

Citations

• 68 Kan. 292
• 74 P. 1124
• 1904 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Right to Private Switch — Effect of Foreclosure of Railroad — Purchasing Company Liable for Cost of Construction. A railroad company whose property was subject to a mortgage constructed upon its right of way a switch for the use of a patron who paid the cost of its construction and took possession of it under an agreement that if the railroad company, its successors or assigns, desired to abrogate the arrangement and take possession of the switch he should then be repaid the amount expended in its construction. Afterwards the mortgage was foreclosed and the property of the railroad was sold in a suit in a federal court to which the occupant of the switch was not a party. A receiver placed in charge of the road pending foreclosure and sale respected the occupant’s possession and exclusive claim to the switch. A grantee of the foreclosure purchaser ousted the occupant from the úse and possession of the switch and refused to reimburse him for the cost of its construction. Held, that he could recover the cost of constructing the switch from the company taking possession of it in an action brought in a court of competent jurisdiction of this state.</p>