Baker v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. Plaintiff, the widow of Melker Baker, on the nineteenth of March, 1891, brought this action for the assignment of dower in a certain strip of ground used by defendant corporation for its track, roadbed and right of way.
Read the full summary
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. Plaintiff, the widow of Melker Baker, on the nineteenth of March, 1891, brought this action for the assignment of dower in a certain strip of ground used by defendant corporation for its track, roadbed and right of way. Melker Baker djed in March, 1890. The ■answer admitted the incorporation of defendant, and that it had obtained such right of way for the purposes of its railroad over the land in controversy from the legal owners thereof, and that it is- now in possession of said strip of ground. The reply was a general denial. The…
1DissentG-antt, J.
Having concurred in the decision in Venable v. Wabash Western Railway Company, 20 S. W. Rep. 493, 112 Mo. 103, it occurred to me that the opinion of my learned brother in Chouteau v. Missouri Pacific Railway Co., in division number two, ante p. 375, was not in harmony with the opinion in the Venable case, and for that reason I dissented in division, not, however, without much hesita*401tion. This case of Margaret Baker against the Atchison, Topeka & Santa Fe Railway Company subsequently arose and involved some of the same questions, and I deemed it advisable to let it also abide the final…
2Cases cited32 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
27 more not listed; retrieve them via the Exa API.