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

Citations

• 100 Kan. 266
• 164 P. 159
• 1917 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Injury to Land — Enlargement of Railroad Ditch — Limitation of Actions. The action was one for damages for injury to a tract of 140 acres of land, caused by enlargement through operation of the forces of nature of a ditch rightfully and properly dug by the railway company on its right of way to drain its roadbed. The ditch had deprived the plaintiff of the use of three and 'one-quarter acres of land adjoining the right of way. Damages were claimed for this injury, and for depreciation in' the market value of the entire tract occasioned by the ditch. Held, a cause of action accrued when the ditch invaded the plaintiff’s land, damage's for permanent injury were then recoverable if desired, and the action was barred because not commenced within two years after the cause of action accrued.</p>