Chicago, Santa Fe & California Railway Co. v. Eubank
Missouri Court of Appeals
Appeal from'the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. The exact question here presented was decided ■adversely to the respondent by the supreme court of Missouri in Railroad v. Fowler, 20 S. W. Rep. 1069. It was there held that the land owner is not entitled, to interest on the award, since he has the right to-withdraw it at any time.
Read the full summary
Appeal from'the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. The exact question here presented was decided ■adversely to the respondent by the supreme court of Missouri in Railroad v. Fowler, 20 S. W. Rep. 1069. It was there held that the land owner is not entitled, to interest on the award, since he has the right to-withdraw it at any time. For this reason we ask that the judgment of the circuit court be reversed and the cause remanded, with directions to enter judgment for $1,600. Appellant having failed to file such an abstract of' the record as is required by rule 15 of this…
1Opinion of the CourtSmith, P. J.
This was a condemnation proceeding instituted by the plaintiff in 1887 to acquire a right of way for its railroad. The court appointed commissioners, who assessed the damages at $1,600. The plaintiff filed exceptions to the report and demanded a jury trial. This was denied and' an appeal was taken to the supreme court, where the right to a jury trial was sustained and the cause remanded. In October, 1892, a jury was impaneled, and after a portion of the-*337evidence was heard, the plaintiff withdrew its exceptions. The defendant asked that interest be allowed upon the award from the date of the…
2Cases cited7 opinions
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- State ex rel. Kansas City Auditorium Co. v. AllenMissouri Court of Appeals · 1891
- Musick v. Kansas City, Springfield & Memphis RailroadMissouri Court of Appeals · 1891
- Opening of Essex Avenue v. MermodMissouri Court of Appeals · 1891
- State ex rel. Huston v. GanzhornMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909