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KANSAS CITY SOUTHERN RY. CO. v. CITY OF FORT SMITH

No. 5-1420.

309 S.W.2d 315 (1958)

KANSAS CITY SOUTHERN RAILWAY COMPANY et al., Appellants, v. CITY OF FORT SMITH, Appellee.

Supreme Court of Arkansas.

February 3, 1958.

Attorney(s) appearing for the Case

Hardin, Barton, Hardin & Garner, Ft. Smith, for appellants.

Pettus A. Kincannon, City Atty., Charles A. Beasley, Jr., Ft. Smith, for appellee.

GEORGE ROSE SMITH, Justice.

The Kansas City Southern Railway Company's passenger station, freight depot, and allied facilities formerly occupied an area of three blocks, lying contiguously in a straight line, in the city of Fort Smith. In authorizing the original construction of the railroad terminal in 1911, the city adopted ordinances vacating the alleys in these three blocks and the two streets crossing this rectangular area. Floods destroyed the carrier's branch...

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