Legal Opinion

Kansas City, Clinton & Springfield Railroad v. Story

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 35 opinions

Appeal from Cass Circuit Court. — Host. Noah M. Givan, Judge. The petition in this case which was against Story and other owners on the route of the road is as follows : “ The petition of the Kansas City, Clinton & Springfield Railroad Company respectfully shows: That it is a corporation created and existing under and by virtue of the laws of the state of Missouri; that your petitioner, in pursuance of the laws of said state, and of its charter, is about to construct,…

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Appeal from Cass Circuit Court. — Host. Noah M. Givan, Judge. The petition in this case which was against Story and other owners on the route of the road is as follows : “ The petition of the Kansas City, Clinton & Springfield Railroad Company respectfully shows: That it is a corporation created and existing under and by virtue of the laws of the state of Missouri; that your petitioner, in pursuance of the laws of said state, and of its charter, is about to construct, operate and maintain a standard or broad-gauge railroad in the counties of Cass, Henry, St. Clair, Hickory, Cedar, Polk and…

1Opinion of the Court

Sheííwood, J.

The present proceeding was instituted for the purpose of condemning, for a right of way, certain lands, owned by defendant and others who were joined with him. The petition was presented to the judge in vacation, due notice being given to those interested, and three commissioners were appointed to assess the damages, etc. At the next term, the commissioners made their report, the defendant appeared and filed various exceptions thereto, and at the conclusion of his exceptions, asked for a jury to assess- his damages. Witnesses, including the commissioners, were thereupon heard as…

2Cases cited9 opinions

  1. Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
  2. People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
  3. Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
  4. Ex parte MarmadukeSupreme Court of Missouri · 1886
  5. Springfield & Southern Railway Co. v. CalkinsSupreme Court of Missouri · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930
  3. St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
  4. Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
  5. Union Depot Co. v. FrederickSupreme Court of Missouri · 1893

30 more not listed; retrieve them via the Exa API.

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