Hubbard v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Error to Buchanan Circuit Court. I. The condition named in the relinquishment should have been construed by the court as precedent and not subsequent. The relinquishment had no immediate operation, hut was dependent upon the fulfillment of the condition. Plaintiff did not part with his absolute title to the land, but only with tbe right of way, the fee remaining in him, subject to the easement conferred on the company. (Andrews vs. Lester, 32 Me. 394; Dale vs. Pa.
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Error to Buchanan Circuit Court. I. The condition named in the relinquishment should have been construed by the court as precedent and not subsequent. The relinquishment had no immediate operation, hut was dependent upon the fulfillment of the condition. Plaintiff did not part with his absolute title to the land, but only with tbe right of way, the fee remaining in him, subject to the easement conferred on the company. (Andrews vs. Lester, 32 Me. 394; Dale vs. Pa. R. R. Co., 2 Iowa, 288, and see especially Taylor vs. Cedar Rapids, & St. Paul R. R. Co., 25 Iowa, 371.) After the breach, at…
1Opinion of the CourtNapton, Judge
This petition charges the defendant with entering without leave and wrongfully,.the farm of plaintiff, and building a railroad through it, one mile and three-quarters, 'occupying about one-hundred feet in width, and cutting the farm up, and by its grading rendering portions of it useless, and causing a number of acres to be overflowed, to the damage of the plaintiff of $ 2,500. Judgment is asked for the damages.
The answer denies that defendant without leave and wrongfully entered on the land, and denies all the other allegations of the petition.
Upon the trial the following instrument in…
2Cases cited3 opinions
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Aikin v. Albany, Vermont & Canada RailroadNew York Supreme Court · 1857
- Taylor v. Cedar Rapids & St. Paul RailroadSupreme Court of Iowa · 1868
3Cited by19 opinions
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
- City of St. Joseph ex rel. Saxton National Bank v. LandisMissouri Court of Appeals · 1893
- O'Brien v. LoomisMissouri Court of Appeals · 1890
- Laughlin v. WellsSupreme Court of Missouri · 1926
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