Saxton National Bank v. Haywood
Missouri Court of Appeals
Appeal from the Buchanan Circuit Cou/rt. — Hon. H. M. Ramey, Judge. (1) The issue made by the reply is that the contractor omitted to improve that portion of the street intersecting the railroad right of way, because it was not a part of the street. It being shown and declared by the court upon conceded facts that the space was a part of the street, the plaintiff should have been nonsuited. King Hill v. Hamilton, 51 Mo.
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Appeal from the Buchanan Circuit Cou/rt. — Hon. H. M. Ramey, Judge. (1) The issue made by the reply is that the contractor omitted to improve that portion of the street intersecting the railroad right of way, because it was not a part of the street. It being shown and declared by the court upon conceded facts that the space was a part of the street, the plaintiff should have been nonsuited. King Hill v. Hamilton, 51 Mo. App. 120. (2) The contract excepted no portion of the street, and consequently included the space of one hundred and fifty-seven and one half feet. The contractor performed no…
1Opinion of the CourtSmith, P. J.
St. Joseph is a city of the second class. Eight railroad tracks intersect Hickory street, a street of said city, between Sixth and Eleventh streets, and occupy a strip across it one hundred and fifty-seven feet in width. The distances between these several tracks vary from five to twenty-eight feet. The railroad companies occupying said strip with their tracks improved the same by constructing a crossing thereon, as provided by section 2609, Revised Statutes, to the extent of placing planks next to* the rails inside and outside thereof, about the entire width of the street, and by placing…
2Cases cited2 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Sweaney v. Kansas City Railway Co.Missouri Court of Appeals · 1893
3Cited by7 opinions
- State ex rel. Blakeslee v. ClausenWashington Supreme Court · 1915
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- State Ex Rel. Mason County Logging Co. v. WileyWashington Supreme Court · 1934
- Hund v. RackliffeSupreme Court of Missouri · 1905
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