Schmuck v. Missouri, Kansas & Texas Railway Co.

Citations

• 87 Kan. 152
• 123 P. 887
• 1912 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Award—Res Judicata. In a suit on an award of damages for land taken by a railway company under condemnation proceedings brought against the assignee and successor in interest of the condemning company, the judgment of the district court, affirmed by this court, establishing the award against the condemning company is conclusive upon its successor as to the right of the parties recovering the judgment to do so.</p> <p>2. Limitation of Action — Final Judgment. The statute of limitations did not begin to run against the suit to recover the award from the successor of the condemning company until the judgment establishing the award became final.</p>