Kimmerle v. City of Topeka

Citations

• 88 Kan. 370
• 128 P. 367
• 1912 Kan. LEXIS 69

Syllabus

<p>? IXLABUS BY THE COURT.</p> <p>1. Residence—Foreign Railroad Corporation—Street Improvements. The rule that a railroad corporation is to be regarded as a resident of every county in which it operates its road or exercises its corporate franchises applies, in the interpretation of a statute, only in situations where such construction accomplishes the substantial .purpose sought by the act involved.'</p> <p>2. - Same. Within the meaning of a statute which makes the improvement of a street depend upon the action of such of the owners of the abutting property as are residents of the city, a railroad corporation is not to be deemed a resident of any other city than that in which its chief offices and principal place of business are located.</p> <p>3. - Same. A foreign railroad corporation whose principal offices are in another state can not be regarded, for the purpose of such statute, as a resident of a city in Kansas by ' virtue of the location there of offices from which are controlled the operations of the road throughout a district which includes this state, notwithstanding it has been granted all' the privileges conferred by the laws of Kansas upon domestic railroad corporations.</p>