St. Louis & San Francisco Railroad v. Yount

Citations

• 67 Kan. 396
• 73 P. 63
• 1903 Kan. LEXIS 264

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1, Railroads — Right of Way — Action for Damages. Where a contract made between a landowner and a railroad company . in settlement of damages for a railroad right of way has been partially, but not fully, performed by the railroad company, and after the lapse of nearly fifteen years the contract is abandoned by the railroad company, the landowner may institute suit on the basis of a permanent appropriation of the land by the railroad company for railroad uses at that time, and recover damages as upon a proceeding by condemnation for such purpose.</p> <p>2. - Joinder of Causes of Action. In such an action it is proper to ask further a judicial determination of the fact that the contract no longer measures the rights of the parties.</p>