Stephenson v. Atchison Railway, Light & Power Co.

Citations

• 88 Kan. 794
• 129 P. 1188
• 1913 Kan. LEXIS 421

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Street—Obstruction—Railroad Track—Damages to Abutting Lot Owner. ' An abutting owner is entitled to recover damages from a company which maintains a railroad track in the street in such manner as to cut off his access to his property-—his ingress thereto and egress therefrom—notwithstanding it is constructed in accordance with permission given by the public authorities.</p> <p>2. - What Constitutes Obstructing Access to a Lot. A railroad track in the street obstructs an owner’s access to abutting lots, and his ingress thereto and egress therefrom, if it prevents his driving on the street to the property, even although by reason of a difference in level, or for any other independent cause, he could not in any event drive upon the lots from the street. v</p> <p>8.--Same. The fact that lots are accessible through an alley in their rear does not prevent the recovery of damages for obstructing access thereto from the street.</p>