St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court improperly allowed the appellee to file its second amended petition, giving crossings to the defendant at some future date, and should have sustained the appellant’s motion to strike out the clause designated therein. Plaintiff’s instruction numbered four, in so far as it covered the same question, was clearly erroneous.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court improperly allowed the appellee to file its second amended petition, giving crossings to the defendant at some future date, and should have sustained the appellant’s motion to strike out the clause designated therein. Plaintiff’s instruction numbered four, in so far as it covered the same question, was clearly erroneous. Railroad v. Clark, 121 Mo. 197. (2) Instructions for plaintiff are argumentative, assume facts as proven and are comments upon the testimony. Railroad v. Union Stock Yards, 120 Mo. 541; Couch…
1Opinion of the CourtGantt, J.
This is an appeal in a condemnation proceeding by the plaintiff, a railway company, to obtain a right of way over certain real estate in the city of St. Lonis, belonging to the Knapp-Stout & Go. Company. The jury awarded the Knapp-Stout & Co. Company $21,500, and from the judgment on said verdict said last named company has appealed. The original petition was filed on the twenty-second day of November, 1890. Commissioners were appointed, who filed their report December 22, 1891, awarding to the Knapp-Stout & Co. Company $44,000, as damages for the appropriation of the land described in the…
2Cases cited13 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
- City of St. Louis v. VasquezSupreme Court of Missouri · 1960
- City of St. Louis v. Paramount Shoe Manufacturing Co.Missouri Court of Appeals · 1943
- Des Moines Wet Wash Laundry v. City of Des MoinesSupreme Court of Iowa · 1924
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
41 more not listed; retrieve them via the Exa API.