Boyce v. Missouri Pacific Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) A railroad company which locates its track upon land without the consent of the owner thereof, acquires, by its adverse use thereof for more than ten years, only an easement in the property.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) A railroad company which locates its track upon land without the consent of the owner thereof, acquires, by its adverse use thereof for more than ten years, only an easement in the property. Sugar Refining Co. v. Elevator Co., 82 Mo. 125; Const. 1875, art. 2, sec. 21; Hays v. Railroad, 62 Tex. 397. (a) In order that an easement may be acquired in lands of another by continuous, adverse use, it must be shown that the owner had knowledge of and acquiesced in said use. State v. Walters, 69 Mo. 465; State v. Proctor, 90 Mo.…
1Opinion of the Court
MARSHALL, L
— Ejectment for the north half of city block 3154, in the city of St. Louis. The petition is in the usual form. The ouster is laid as of January 1, 1893. The answer disclaims as to all except a strip fifteen feet wide running from north to south through the land, and asserts ownership thereto in the defendant. The case was tried without the aid of a jury, and judgment entered for the defendant, from which the plaintiff appealed.
In 1862, Mrs. Octavia Boyce, mother of the plaintiff, owned the whole of block 3154. On June 1, 1862, she leased the,whole block to James B. Eads for a term…
2Cases cited17 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Fugate v. PierceSupreme Court of Missouri · 1872
- Pitzman v. BoyceSupreme Court of Missouri · 1892
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3Cited by32 opinions
- Brown v. WeareSupreme Court of Missouri · 1941
- Whittom v. Alexander-Richardson PartnershipSupreme Court of Missouri · 1993
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Mammoth Cave National Park Ass'n v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1935
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