City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Where property is taken for public use its value should be paid; when not taken, hut only injured, its depreciation in value only should be allowed. Railroad v. McGrew, 104 Mo. 300; Railroad v. George, 145 Mo. 46; Doyle v. Railroad, 113 Mo. 288. (2) The value of buildings or other improvements located on land taken for public use should be included in the award of damages.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Where property is taken for public use its value should be paid; when not taken, hut only injured, its depreciation in value only should be allowed. Railroad v. McGrew, 104 Mo. 300; Railroad v. George, 145 Mo. 46; Doyle v. Railroad, 113 Mo. 288. (2) The value of buildings or other improvements located on land taken for public use should be included in the award of damages. City v. Morse, 105 Mo. 518. (3) Where two tracts of land, divided by a public street, are used for a single purpose, and one or part of one of…
1Opinion of the CourtFaris, J.
This action was commenced by the city of St. Louis for the purpose.of condemning the property of appellant, the National Lead Company, and others, as a right-of-way for the western approach to a bridge across the Mississippi River, called locally the Municipal or Free Bridge. The commissioners appointed by the court awarded to appellant for the land taken and for consequential damages the sum of $67,100. Exceptions were promptly filed by appellant and upon a trial by the court sitting as a jury, the court found for appellant exactly the amount of damages which had been given to it by the…
2Cases cited4 opinions
- Walther v. NullSupreme Court of Missouri · 1911
- Hatton v. City of St. LouisSupreme Court of Missouri · 1915
- Leavitt v. TaylorSupreme Court of Missouri · 1901
- Illinois & St. Louis Railroad & Coal Co. v. SwitzerIllinois Supreme Court · 1886
3Cited by17 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- City of St. Louis v. Paramount Shoe Manufacturing Co.Missouri Court of Appeals · 1943
- Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920
- Provo River Water Users' Ass'n v. CarlsonUtah Supreme Court · 1943
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