The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1903.
N. w. Longenecker,

No. 16,0s3
N. w Longenecker.
The Wichita Railroad & Light Company
Error from sedgwick County.
REVERSED.
sYaau streetesr t eom G1nFl has no authoT-
ity to lay it's tracks and operate i.s ca az .
in the streets of a city without frst o; on-
2. A city ordinance granting a stres.-c ca 7
company a license to lay its tracks IN ane
strued AGAINST and be Strictly observed by
8. A license requiring street-car tracks
Center of fbe streets over which they pass
means as nearly as practicable
H. If street-car company acting under
snch q license depart from a practicable
route in the center of the street 1t acts
without authority, it's conduct is unlaW-
nuisance Slight and inconsequent1al De.
Elections Internationally made may NOT
furnish GROUND for ac6,9n put otse the
license as If the tracks were lald at d lot-
hidden place. - III,
would suffer special damage may object
to the laying of street-car tracks on one
side of the street under sucn incense ~ II I
1t be practicable to locate them IN ane
center of the street: and in such case
Injunction is a proper remedy
& An abutting owner has the right TO
the exclusive occupation of a limited por-
ton of a city street in front of his prop
erty for such temporary purposes me- af
dental to the proper use and enjoyment OF
his premises as necessity may require. Inc
necessity justifying the encroachm!eenl I I
need not be absolute 1t IS shlnTnen. II If #
reasonable men having due regard for the
convenience of the travelling public
on a public street who conducts a feed
and sales business and also practlces the
profession of veterinary surgeon PAS mas no A.,
the street nor to use the street as an
addition to his barn for the storage OF
vehicles nor to use the street as a place
for the regular practice of his profession.
If his facilities are not SUFFICIENT ne
should enlarge his barn; But a exige en- he
business rendering it entirely reasonable
that he should use portion OF the street
pa I f1r w a fpoe aueh property
owner has of access to his premises from
the street includes not only his own rlght
his barn but the right of unobstructed ac-
feasibility to patrons who may come ana
go and. who may need without dr ln 6r,af
periods in the street in front OF the barn;
8. An obstruction to the lawful use of
CONSEQUENT upon the wrongful location of
a street-ear track inflicts an injury upon
the abutting property. owner peculiar 70
the general detriment to the public
TO- In an action of injunction to pre-
car track near the curbing in front of a
livery barn instead of at the center of the
street it is no defense that the owner of
the barn has an entrance other than the
one wrongfully obstructed which he might
use without inconvenience from the track
He is under no obligation to suffer any
encroachment on his rights by wrong
doer.
All the Justices concurring.
Attest: D. A. VALENTINE.
[SeaI,l Clerk Supreme Court.
No 1904.
ST. Louis & San Francisco Railway Com
pany.
z. T. Lieurance.
Error from Bourbon County.
AFFIRMED.
Syllabus BY the Court. Mason, j.
/. Where animals delivered to a rail-
road company to be transported to the
end of its line and there turned over to
a connecting carrier for transportation te
a further point, are negligently injured or
the road of such company, and after
wards unloaded at its terminus, and the
| shipper there changes their ultimate des-
tination, in an action against the company
he has a right to make the measure of his
recovery the difference between theii
market value as delivered at such ter,
minus and what they would have beer
worth there if no injury had occurred.
All the Justices concurring.
| A true copy.
Attest; D, A. VALENTINE
! ISeall Clerk Supreme Court
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