Legal Opinion

Chicago, Milwaukee & St. Paul Railway Co. v. Baker

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 20 opinions

Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The plaintiff is required by law to fence its road, and erect farm crossings for the benefits of defendants. Berry v. Railroad, 65 Mo. 172 ; Peddicord v. Railroad, 85 Mo. 160. And the same must be taken into consideration in estimating damages and benefits. R. S. 1889, sec. 2611 ; Railroad, v. Waldron, 11 Minn. 515; 88 Am.

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Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The plaintiff is required by law to fence its road, and erect farm crossings for the benefits of defendants. Berry v. Railroad, 65 Mo. 172 ; Peddicord v. Railroad, 85 Mo. 160. And the same must be taken into consideration in estimating damages and benefits. R. S. 1889, sec. 2611 ; Railroad, v. Waldron, 11 Minn. 515; 88 Am. Dec. 100, note ; Railroad, r>. GrougTi, 29 Kan. 94; Butt County v. Boydston, 64 Col. 110; Mills on Em. Dom., secs. 151, 152, 153 ; Commissioners v. O’Sullivan, 17 Kansas, 58; Railroad v. Par doto, 5 Rich.…

1Opinion of the CourtBlack, J.

— This was a proceeding commenced by the plaintiff corporation to condemn a right of way over seven forty-acre tracts of land owned by defendant, Dudley Baker. The defendants, Cook and Moberly, hold a debt secured by a deed of trust upon part of the *559land, and defendant Lightner holds a debt secured by a deed of trust upon another part. The commissioners appointed to assess damages ’made two reports, thus assessing separately the damages to the lands covered' by the deeds of trust. These reports, on exceptions thereto filed by Baker, were set aside, and the damages were reassessed by a jury at…

2Cases cited7 opinions

  1. Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
  2. Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
  3. Jones v. Chicago & Iowa RailroadIllinois Supreme Court · 1873
  4. Combs v. SmithSupreme Court of Missouri · 1883
  5. Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866

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3Cited by20 opinions

  1. St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
  2. Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
  3. Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
  4. City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
  5. Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894

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