Supreme Court of Kansas, 1926

Missouri Pacific Railroad v. Board of County Commissioners

Missouri Pacific Railroad v. Board of County Commissioners
Supreme Court of Kansas · Decided February 6, 1926 · Hopkins
120 Kan. 243; 243 P. 284; 1926 Kan. LEXIS 344

Missouri Pacific Railroad v. Board of County Commissioners

Opinion of the Court

The decision of the court was announced by

Hopkins, J.:

This is a companion case to Atchison, T. & S. F. Rly. Co. v. Anderson County Comm’rs, just decided. By stipulation of the parties, and consent of the court, the two cases were tried together on the same evidence. They were in all respects analogous except that the plaintiff in this case had no reservoirs in the benefit district. The decision in the former case (ante, p. 240) is controlling here.

The judgment is reversed and the cause remanded for further proceedings.

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