Supreme Court of the United States, 1911

Missouri & Kansas Interurban Railway Co. v. City of Olathe

Supreme Court of the United States · Decided December 4, 1911 · Hughes

222 U.S. 185; 32 S. Ct. 46; 56 L. Ed. 155; 1911 U.S. LEXIS 1770 (United States Reports)

Counsel

Mr. Frank Doster, Mr. A. F. HvM, Jr., Mr. A. M. Harvey and Mr. J. E. Addington, Joy plaintiffs in error., Mr..Stephen H. Atlen lor defendant in erroi.

Cases that cite this one

26 later published cases cite this decision. The 24 that cite it most often are listed here.

Harper v. United Services Automobile Association (4th Cir. 2009)
Merritt-Chapman & Scott Corporation, a Corporation v. City of Seattle, Wash., a Municipal Corporation (9th Cir. 1960)
Crutcher v. Joyce (10th Cir. 1943)
Leonard v. Socony-Vacuum Oil Co. (7th Cir. 1942)
Dye v. Farm Mortgage Inv. Co. of Topeka (10th Cir. 1934)
Lockhart v. New York Life Ins. (4th Cir. 1934)
Western Electric Co. v. Pacent Reproducer Corporation (2d Cir. 1930)
Dyar v. McCandless (8th Cir. 1929)
Weast v. Budd (Kan. 1960)
North American Butterfly Association v. Chad F. Wolf (D.C. Cir. 2020)
Jung v. K. & D. Mining Co. (Supreme Court of the United States 1958)
Kalb v. Luce (Supreme Court of the United States 1938)
American Bakeries Co. v. Huntsville (Supreme Court of the United States 1936)
Manassas Battlefield Confederate Park, Inc. v. Robertson (Supreme Court of the United States 1927)
O'Mara v. Crampton (Supreme Court of the United States 1925)
Sandel v. South Carolina (Supreme Court of the United States 1923)
Southern Express Co. v. Terry Packing Co. (Supreme Court of the United States 1922)
Van Buskirk v. Erie Railroad (Supreme Court of the United States 1919)
Collard v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. (Supreme Court of the United States 1918)
Press v. New York (Supreme Court of the United States 1916)
Long-Bell Lumber Co. v. Moses (Supreme Court of the United States 1915)
Northern Trust Co. v. People (Supreme Court of the United States 1914)
Louisiana Navigation Co. v. Oyster Commission (Supreme Court of the United States 1912)
Meyers v. Samuels (Supreme Court of the United States 1912)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Memorandum opinion by direction of the court.

By Mr. Justice Hughes.-

Motion to dismiss. This suit was. brought by the-Railway Company, plaintiff in error, against the City of’ Olathe, Kansas, in the district court of Johnson County, *186 in that State, to recover damages caused by the repeal of an ordinance authorizing the use of certain streets of the city for an interurban railway and by the consequent prevention, until the passage of a new ordinance, of its construction and operation. The defendant demurred to the petition upon the ground that it did not state facts sufficient to constitute a cause of action. The District Court sustained the demurrer, and its decision was affirmed by the Supreme Court of the State. And this writ of error is brought.

The record fails to disclose a fina} judgment. The Supreme Court affirmed the judgment of the lower court, but this merely sustained the demurrer without dismissing the suit. The Supreme Court did not direct its dismissal, but the cause was left' standing in the court, below for such proceedings as might be had according to law after the decision on the demurrer, either by amendment of the petition or entry of final judgment.

As.it does not appear from the record that the judgment sought to be reviewed was one which finally determined the cause, this court is without jurisdiction. Miners’ Bank of Dubuque v. United States, 5 How. 213; McComb, Executor, v. Commissioners of Knox County, 91 U. S. 1; Great Western Telegraph Company v. Burnham, 162 U. S. 339; Haseltine v. Central Bank of Springfield, 183 U. S. 130.

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.