Lakenan v. Hannibal & St. Joseph Railroad Co.
Missouri Court of Appeals
Appeal from the Shelby County Circuit Court. — -Hon. Preston B. Dunn, Special Judge. The right to the “farm crossing” perished with the sale of the land on one side of the railroad. R. S., sec. 809. The decree is erroneous, in that it attempts to compel the railroad company to maintain what was a legitimate farm crossing as and for a mere private way, after its use as a farm crossing has ceased, without compensation.
Read the full summary
Appeal from the Shelby County Circuit Court. — -Hon. Preston B. Dunn, Special Judge. The right to the “farm crossing” perished with the sale of the land on one side of the railroad. R. S., sec. 809. The decree is erroneous, in that it attempts to compel the railroad company to maintain what was a legitimate farm crossing as and for a mere private way, after its use as a farm crossing has ceased, without compensation. This would be taking private property for private way, and that, too, without compensation. Const, of Mo. 1875, sec. 20, art. 2; R. S. 1879, chap. 70, p. 677. The lower court…
1Opinion of the CourtThompson, J.
This is a suit in equity to restrain the defendants from obstructing a farm crossing over the railroad of the principal defendant, and also from obstructing a private way leading from the farm crossing to a public highway. The circuit court, on a hearing of the issues, rendered a decree granting the relief prayed for and the defendants appeal to this court. The principal plaintiff is the executor of the estate of Robert P. Lakenan, deceased, and the other plaintiffs are devisees under his will. The defendants are the Hannibal and St. Joseph Railroad Company; C. M. Carter, who holds the legal…
2Cases cited14 opinions
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Corning v. LowerreNew York Court of Chancery · 1822
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Crenshaw v. Slate River Co.Supreme Court of Virginia · 1828
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Stumpe v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Cook v. FerbertSupreme Court of Missouri · 1898
- Cahill, Collins & Co. v. Orphan School of the Christian ChurchMissouri Court of Appeals · 1895