Springfield Southwestern Railway Co. v. Schweitzer
Missouri Court of Appeals
Appeal from Polk Comity Circuit Court.—Hon. Argus Cox, Judge. (1) In condemnation proceedings when the entire tract of land is taken, as was done in this case, the full measure of damage is the reasonable market value of the land taken.
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Appeal from Polk Comity Circuit Court.—Hon. Argus Cox, Judge. (1) In condemnation proceedings when the entire tract of land is taken, as was done in this case, the full measure of damage is the reasonable market value of the land taken. Railroad v. McGrew, 104 Mo. 290; Railroad v. Porter, 112 Mo. 368; Railroad v. Real Estate Co., 204 Mo. 575; Street Railway v. Walsh, 197 Mo. 392. (2) The owner of the fee and thosé owning an interest in the land condemned have the same interest in the ■ compensation awarded as they had in the land and the court will so distribute it. Ross v. Gates, 183 Mo.…
1Opinion of the CourtFarrington, J.
—The appeal in this case was first taken to the Supreme Court from, which the cause has been transferred to this court (151 S. W. 128) for the reason that the title to real estate is not involved.
The plaintiff, on January 22, 1906, filed» in the circuit eourt of Greene county a petition to condemn certain property owned by Jacob C. Schweitzer, on which was located the plant' of the New Phoenix Foundry & Machine Company which held a lease on a part of the *653Schweitzer property for a term of one year terminating on December 30, 1905, but which contained a provision for renewal for a term of three…
2Cases cited14 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- City of St. Louis v. BrownSupreme Court of Missouri · 1900
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3Cited by19 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- Slavitt v. IvesSupreme Court of Connecticut · 1972
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- Pueblo v. Sociedad McCormickSupreme Court of Puerto Rico · 1956
14 more not listed; retrieve them via the Exa API.