St. Louis Brewing Ass'n v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Woodj Judge. (1) When the condemning corporation, after having put the landowner to expense, abandons the proceeding, the latter may recover all costs, expenses and damages occasioned by the proceeding. Railroad v. Railroad, 138 Mo. 591; Railroad v. Lackland, 25 Mo. 515; Railroad v. Reynal, 25 Mo. 534; St. Joseph v. Hamilton, 43 Mo. 281; Leisse v. Railroad, 2 Mo. App. 105; s. c., 72 Mo. 561; Gibbons v. Railroad, 40 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Woodj Judge. (1) When the condemning corporation, after having put the landowner to expense, abandons the proceeding, the latter may recover all costs, expenses and damages occasioned by the proceeding. Railroad v. Railroad, 138 Mo. 591; Railroad v. Lackland, 25 Mo. 515; Railroad v. Reynal, 25 Mo. 534; St. Joseph v. Hamilton, 43 Mo. 281; Leisse v. Railroad, 2 Mo. App. 105; s. c., 72 Mo. 561; Gibbons v. Railroad, 40 Mo. App. 146; Lohse & M. v. Railroad, 44 Mo. App. 645; St. Louis v. Meintz, 107 Mo. 611; Simpson v. Kansas City, 111 Mo. 248;…
1Opinion of the CourtGantt, J.
— -This is an appeal by the plaintiff from a judgment of the circuit court of the city of St. Louis sustaining a demurrer to its petition and rendering final judgment for defendant.
*40The petition, omitting caption, is in these words:
“The plaintiff states that it now is, and on the several days and dates hereinafter mentioned was, a corporation duly created and existing under and by virtue of the laws of the State of Missouri, and that the defendant is, and on said several days was, a municipal corporation, likewise created under the laws of said State. That on said several days and dates…
2Cases cited7 opinions
- Waters v. WatersSupreme Court of Missouri · 1872
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Missouri Court of Appeals · 2004
- State Ex Rel. City of St. Louis v. BeckSupreme Court of Missouri · 1933
- Center School District No. 58 of Jackson County v. KentonSupreme Court of Missouri · 1961
- Meadow Park Land Co. v. School DistrictSupreme Court of Missouri · 1923
- Kirn v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1907
9 more not listed; retrieve them via the Exa API.