Hulett v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The city had power to authorize the construction cf the railroad in the street, and to establish or change the grade of the street. The law required that the railroad should conform to that grade. A railroad built under such authority and in conformity to such requirement is not wrongfully built, and in no sense a nuisance. R. S. 1889, sec. 2543; Ray’s Neg. of Imposed Duties, chap.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The city had power to authorize the construction cf the railroad in the street, and to establish or change the grade of the street. The law required that the railroad should conform to that grade. A railroad built under such authority and in conformity to such requirement is not wrongfully built, and in no sense a nuisance. R. S. 1889, sec. 2543; Ray’s Neg. of Imposed Duties, chap. VI, pp. 87 to 92; 1 Rorer on Railroads, 503-521; Randle v. Railroad, 65 Mo. 325-332; Porter v. Railroad, 33 Mo. 128; Swenson v. Lexington,…
1Opinion of the Court
ELLISON, I.
The Missouri, Kansas & Eastern Railroad Company constructed its railway on one of the streets of the town of Rocheport, and in doing so excavated to the depth of four or five feet and forty feet in width in front of plaintiff’s property and destroyed to a great degree the use of his property from that street, though the lot, being on a corner, he had means of ingress and egress from another street. On its completion the company leased said railway to defendant *90which has since operated it, and hence is charged with the damages accruing to plaintiff. The judgment of the trial court…
2Cases cited10 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Davis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Henry Gaus & Sons Manufacturing Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1892
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3Cited by3 opinions
- Ellis v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1908
- Farrar v. Midland Electric Railway Co.Missouri Court of Appeals · 1903
- O'Brien v. Burroughs Adding Machine Co.Missouri Court of Appeals · 1915