St. Louis & Gulf Railway Co. v. Cape Girardeau & Thebes Bridge Terminal Railway Co.
Missouri Court of Appeals
Appeal from Scott Circuit Court. — Eon. Henry C. Riley, Judge. (1) No witnesses made any claim at New Madrid, before tbe judge on April 16,1904, nor was any witness summoned to appear there, but the testimony shows tha,t they were taken down there by the Cape Girardeau & Thebes Bridge Terminal Railway Company, to be used if necessary. They were, therefore, entitled to no fees, and the court erred in allowing the respondent anything for its expenses incurred in that behalf.
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Appeal from Scott Circuit Court. — Eon. Henry C. Riley, Judge. (1) No witnesses made any claim at New Madrid, before tbe judge on April 16,1904, nor was any witness summoned to appear there, but the testimony shows tha,t they were taken down there by the Cape Girardeau & Thebes Bridge Terminal Railway Company, to be used if necessary. They were, therefore, entitled to no fees, and the court erred in allowing the respondent anything for its expenses incurred in that behalf. R. S. 1899, sec. 8260. Yeidt v. Railway, 109 Mo. App. 102; Herson v. Railroad, 18 Mo. App. 439; 7 Ene, PI. and Pr., 7 p.…
1Opinion of the CourtBland, P. J.
On March 29, 1904, appellant presented to Hon. H. 0. Riley, judge of the Scott Circuit Court, a petition asking for the condemnation of a strip of land for a right of way, near and leading to a landing on the Mississippi river, in Scott county, known as Manning’s Landing, for the purpose of reaching the terminus of other railroads at the city of Thebes, and over which the railroad company would secure an-incline to the Mississippi river for the purpose of transferring its cars to ferry boats to be carried across said river. The strip of land sought to be condemned had been secured by the…
2Cases cited18 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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- Nifong v. Texas Empire Pipe Line Co.Missouri Court of Appeals · 1931
- Ex parte NelsonSupreme Court of Missouri · 1913