City of Kansas v. Kansas City Belt Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) Where a city by condemnation proceedings seeks to open or .widen a street across a railroad, the latter is not limited to a recovery for the land actually taken, but, if changes in the railroad structure become necessary by reason of such action, a recovery can be had on such account.
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Appeal from Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) Where a city by condemnation proceedings seeks to open or .widen a street across a railroad, the latter is not limited to a recovery for the land actually taken, but, if changes in the railroad structure become necessary by reason of such action, a recovery can be had on such account. Const. 1875, art. 2, sec. 21; Rorer on Railroads, 444, 445 ; Railroad v. Plymouth County, 14 Gray, 155; Grand Rapids v. Railroad, 58 Mich. 641, 648; s. o., 33 N. W. Rep. 15; Railroad v. Hough, 61 Mich. 507. (2) The provisions of ordinance 22948…
1Opinion of the CourtBlack, J.
— This was a proceeding instituted by the City of Kansas to widen Vine street, formerly designated Henry street, so as to make it seventy instead of fifty feet in width. Vine street runs north and south, and is crossed by Twentieth street, which runs east and west. The defendant owns and operates a railroad which runs east and west on and along Twentieth street. At the crossing of these two streets, the defendant owns property on the north side of Twentieth street, which extends up to the lines of Vine, and which is used as right of way in addition to Twentieth street. The railroad is…
2Cases cited3 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Chicago & Grand Trunk Railway Co. v. HoughMichigan Supreme Court · 1886
3Cited by11 opinions
- Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Cleveland v. City Council of AugustaSupreme Court of Georgia · 1897
- State Ex Rel. State Highway Commission v. BrueningSupreme Court of Missouri · 1959
- St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
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