80 P. 946 | Kan. | 1905
The opinion of the court was delivered by
In February, 1890, plaintiff in error brought an action against the Atchison, Topeka & Santa Fe Railroad Company to recover damages to his real estate in the city of Wellington by reason of alleged wrongful acts of the railroad company in blocking a street in front of his property with its track, and thereby interfering with his ingress and egress to and from his residence. It was alleged that the railroad company took possession of the street in July, 1889.
To the second amended petition filed by Anderson the railroad company answered, in September, 1891, denying generally its allegations, and setting forth
After the case was remanded — in February, 1903— Anderson filed an amended petition making the Southern Kansas Railway Company a party defendant. A demurrer was interposed by it, which was sustained. That ruling is now here for review. The question involved is that of the statute of limitations. It will be noticed that in September, 1891, by the answer of the Atchison, Topeka & Santa Fe Railroad Company, plaintiff was apprised of the fact that the Southern Kansas Railway Company had been granted the right by the city of Wellington to lay its tracks in the street in front of his property, and had done so. Plaintiff, however, saw fit to continue to prosecute his action against the Atchison, Topeka & Santa Fe Railroad Company alone, with the result above stated.
The petition discloses that, the plaintiff treated the original appropriation of the street as a qwasi-condemnation, and seeks to recover the depreciation in value
The judgment of the court below is affirmed.