Kansas City & Northern Connecting Railroad v. Baker
Supreme Court of Missouri
Appeal from DeKalb Circuit Court.— Hon. A. D. Burnes, Judge. (1) The court erred in instructing tbe jury that under tbe'evidence tbe Hannibal & St. Joseph Railroad Company was not entitled to recover. (2) Baker, Duff,. Osborn and Hayward, by making, acknowledging, filing and recording their plats of tbe town of Osborn in tbe recorder’s office of DeKalb county, dedicated the-land in controversy to public use for depot grounds. 5 Am. and Eng. Ency.
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Appeal from DeKalb Circuit Court.— Hon. A. D. Burnes, Judge. (1) The court erred in instructing tbe jury that under tbe'evidence tbe Hannibal & St. Joseph Railroad Company was not entitled to recover. (2) Baker, Duff,. Osborn and Hayward, by making, acknowledging, filing and recording their plats of tbe town of Osborn in tbe recorder’s office of DeKalb county, dedicated the-land in controversy to public use for depot grounds. 5 Am. and Eng. Ency. Law (1 Ed.), 395. (3) That tbe use of lands by tbe public for depot grounds and' purposes is a public use, there can be no question. Swearin-gen v.…
1Opinion of the CourtMarshall, J.
This is a proceeding under article 7, chapter 12, Revised Statutes 1899, to condemn, for railroad purposes, a certain parcel of land lying in the town of Osborn, in DeKalb county, and bounded on the north by Baker street, on the south by the one-hundred-foot right-of-way of the Hannibal and St. Joseph Railroad, on the east by Clinton street, and on the west by Hunt street. The property has a front of three hun*317-dred and twenty-five feet on the south, line of Baker street and substantially the same frontage on the north line of said railroad right-of-way^ a front of sixty-two feet on the east…
2Cases cited14 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Rutherford v. TaylorSupreme Court of Missouri · 1866
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Slocumb v. C., B. & Q. R.Supreme Court of Iowa · 1882
- Buschmann v. LouisSupreme Court of Missouri · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tracy v. BittleSupreme Court of Missouri · 1908
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Johnson v. FergusonSupreme Court of Missouri · 1931
- City of Laddonia v. DaySupreme Court of Missouri · 1915
11 more not listed; retrieve them via the Exa API.