Chicago, Sante Fe & California Railway Co. v. McGrew
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. James M. Sandusky, Judge. (1) The court erred in excluding competent evidence offered by the plaintiff. Lorian v. Railroad, 46 Pa. St. 520. (2) Besides, the cost of building new chutes and a new switch were not only not proper elements of damage, but they were not even claimed in defendant’s “answer and cross petition” by which he is bound.
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Appeal from Ray Circuit Court. — Hon. James M. Sandusky, Judge. (1) The court erred in excluding competent evidence offered by the plaintiff. Lorian v. Railroad, 46 Pa. St. 520. (2) Besides, the cost of building new chutes and a new switch were not only not proper elements of damage, but they were not even claimed in defendant’s “answer and cross petition” by which he is bound. While the pleading may in the first instance have been unnecessary, yet having made it he ought to be limited and bound by it. 1 Rorer on Railroads, pp. 383-4; Railroad v. Linn, 14 Am. & Eng. R. R. Cases (Neb.) 198;…
1Opinion of the CourtMacfarlane, J.
— This is a suit to condemn a right of way thirty feet wide over lot 939 in block 122, out-lot 19 in the town of Camden, Ray county, the property of defendant. • Commissioners were appointed by the judge in vacation. They made an assessment of $3,000 damages and filed their report. This report was afterwards set aside by the court upon exceptions filed by the defendant. The case was tried by a jury, and a Verdict of $7,000 returned, upon which judg'ment was rendered against plaintiff.
The evidence shows that this lot was about one hundred and fifty feet in length north and south, and fifty…
2Cases cited21 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Gledhill v. StateNebraska Supreme Court · 1932
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Brack v. Mayor of BaltimoreCourt of Appeals of Maryland · 1915
38 more not listed; retrieve them via the Exa API.