Hannibal & St. Joseph Railroad v. Frowein
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The trial court, in respect to the question of abandonment, did not find that plaintiff had entirely abandoned all claim to said tract of land, and all right to use it for any railroad purpose -whatsoever.
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Appeal from Marion Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The trial court, in respect to the question of abandonment, did not find that plaintiff had entirely abandoned all claim to said tract of land, and all right to use it for any railroad purpose -whatsoever. Its finding was that “plaintiff ceased to use any portion of the strip five hundred feet in width com veyed by deed from John Taylor except for the purpose of the storage of cars, and.that such non-user was with the intention on the part of the plaintiff to abandon its route over said land, and to adopt the track leading…
1Opinion of the CourtGantt, J.
This is an action of ejectment for two tracts of land, each located within and constituting a part of a certain tract containing 21.76 acres lying partly in fractional section two and partly in fractional section 3, township 59, range 5, west, in Marion county, Missouri, a strip of ground five hundred feet in width along the west bank of the Mississippi river and extending westwardly a distance of 2,209 feet.
The petition is in the usual statutory form. The answer, while lengthy, is necessary to a proper understanding of the respective claims of the parties and is as follows:
“Defendant, for…
2Cases cited5 opinions
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Long v. TimmsSupreme Court of Missouri · 1891
- Clarke v. Inhabitants of the Town of BrookfieldSupreme Court of Missouri · 1884
- O'Brien v. WagnerSupreme Court of Missouri · 1887
- Scarritt v. Kansas City, Osceola & Southern Railway Co.Supreme Court of Missouri · 1899
3Cited by13 opinions
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Krinard v. WestermanSupreme Court of Missouri · 1919
- D. C. Wise Coal Co. v. Columbia Lead & Zinc Co.Missouri Court of Appeals · 1907
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