Gray v. St. Louis & San Erancisco Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Hon. M. G. McGregor, Judge. The fee to the streets in the city of Joplin, is in the town. Respondent cannot maintain ejectment against defendant for that portion of the streets occupied by its road; yet the lower court has rendered judgment and ousted the defendant from the streets and alleys.
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Appeal from Jasper Circuit Court.—Hon. M. G. McGregor, Judge. The fee to the streets in the city of Joplin, is in the town. Respondent cannot maintain ejectment against defendant for that portion of the streets occupied by its road; yet the lower court has rendered judgment and ousted the defendant from the streets and alleys. Gen. St. 1865, p. 248, § 8; R. S. 1879, § 6573 ; Adams v. Railroad Co., 11 Barb. 414; City of Cincinnati v. White, 6 Peters 431; Canal Trustees v. Havens, 11 111. 554; Hunter v. Middleton, 13 111. 54; Leach v. Waugh, 24 111. 228; Drake v. Railroad Co., 7 Barb. 508;…
1Opinion of the Court
Ewing, O.
This was an action in ejectment, commenced in August, 1880, to recover of defendant a part of the east half of the southwest quarter of section 3, township 27, range 33. The petition is in the ordinary form and the answer a general denial.
Plaintiff read in evidence against defendant’s objections, a patent from the United States, and then evidence tending to show the damage sustained, and that defendant was in possession; and one witness testified, that he, as the agent of the plaintiff, appeared before the commissioners who were appointed to appraise the damages for the right *131of way,…
2Cases cited11 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- In re the Petition of Mayor of New-YorkNew York Supreme Court · 1822
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- State Ex Rel. State Highway Commission v. DeutschmanSupreme Court of Missouri · 1940
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
11 more not listed; retrieve them via the Exa API.