MISSOURI, KANSAS & TEXAS RAILWAY v. COOK

No. 178.

163 U.S. 491 (1896)

MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY v. COOK.

Supreme Court of United States.

Decided May 25, 1896.


Attorney(s) appearing for the Case

Mr. James Hagerman and Mr. T.N. Sedgwick, for plaintiff in error, submitted on their brief.

Mr. Nelson Case for defendant in error.


MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

Plaintiff claimed the premises in question as a part of its right of way, under and by virtue of the act of Congress approved July 26, 1866, entitled "An act granting lands to the State of Kansas to aid in the construction of a Southern branch of the Union Pacific Railway and Telegraph, from Fort Riley, Kansas, to Fort Smith, Arkansas." 14 Stat. 289, c. 270.

By this act five...

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