Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago Railroad
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. J. M. San- ■ dusky, Judge. (1) The court erred in appointing thecommis•sioners, against the objection of the defendants that the crossing at Grillis street in the manner proposed in the petition would materially interfere with the use of the railroad and property of the defendants, contrary to sec. 2741 of the Revised Statutes, and in denying the defendants a hearing on this question.
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Appeal from Clay Circuit Court. — Hon. J. M. San- ■ dusky, Judge. (1) The court erred in appointing thecommis•sioners, against the objection of the defendants that the crossing at Grillis street in the manner proposed in the petition would materially interfere with the use of the railroad and property of the defendants, contrary to sec. 2741 of the Revised Statutes, and in denying the defendants a hearing on this question. Railroad ■v. Railroad, 94 Mo. 536; In re Railroad, 34 Minn. 227; Telegraph Co. v. Bridge Co., 36 Kan. 118; Railroad Co.’s Appeal, 122 Pa. St. 511. (2) After the court…
1Opinion of the CourtBurgess, J.
This is an action by the Kansas City Suburban Belt Eailroad Company, petitioner, against; *606the Kansas City, St. Lonis & Chicago Railroad Company, and the Chicago & Alton Railroad Company, lessees of the last named company, to condemn a right ■of way for its double track railroad across the lands and tracks of the defendants, near Grillis street in Kansas City, and also at a point about three miles further east, near the Blue river. The proposed business of the petitioner is that of a terminal road for lines entering the city, and also for switching and suburban travel.
In 1872 Kansas City, by…
2Cases cited23 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
- State v. NolandSupreme Court of Missouri · 1892
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Kansas City v. SmartSupreme Court of Missouri · 1895
- Jeck v. O'MearaSupreme Court of Missouri · 1938
- State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
23 more not listed; retrieve them via the Exa API.