Doyle v. Kansas City & Southern Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. D. A. DeAemond, Judge. In August, 1883, the defendant company, without license or other legal authority, entered upon a certain tract of land of about five hundred acres, and constructed its road across the same, appropriating thereby a strip one hundred feet wide and about one and one half miles long through the tract, and extending across the same in a circuitous route and thereby dividing the tract into two irregular and…
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Appeal from Henry Circuit Court. — Hon. D. A. DeAemond, Judge. In August, 1883, the defendant company, without license or other legal authority, entered upon a certain tract of land of about five hundred acres, and constructed its road across the same, appropriating thereby a strip one hundred feet wide and about one and one half miles long through the tract, and extending across the same in a circuitous route and thereby dividing the tract into two irregular and inconvenient shaped parts, greatly impeding ingress and egress from one part to the other and greatly damaging the residue of the…
1Opinion of the CourtShebwood, P. J.
I. The trial court did not err in rejecting the record of the condemnation proceedings instituted by the Tebo & Neosho Railroad Company. It is true that, under the terms of the charter, five days notice was sufficient. Laws 1859-60, pp. 402, 404; Laws 1857, sec. 9, pp. 60, 61.
But the notice in this case was not served as required by law. The ninth section says: ‘‘Notice of such application to such judge shall be given to the owner of such lands five days before such application shall be made, if such owner reside in this state,” etc. The service in this case was “ either personally cr by due…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Harris v. L. P. & H. Construction Co.Missouri Court of Appeals · 1969
- Aylmore v. City of SeattleWashington Supreme Court · 1918
23 more not listed; retrieve them via the Exa API.