Taylor v. Kansas City, Pittsburg & Gulf Railroad
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) “Where a landowner stands by and permits a railroad to go to the expense of constructing its road through his land and run its trains over it and acquiesces thereto, even though he may not have given his express consent, this will create an implied license on the part of the railroad, which the landowner can not subsequently revoke and he will be estopped from maintaining ejectment.”
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) “Where a landowner stands by and permits a railroad to go to the expense of constructing its road through his land and run its trains over it and acquiesces thereto, even though he may not have given his express consent, this will create an implied license on the part of the railroad, which the landowner can not subsequently revoke and he will be estopped from maintaining ejectment.” Provolt v. Railroad, 57 Mo. 256; Baker v. Railroad, 57 Mo. 265; Kanaga v. Railroad, 76 Mo. 207; McClellan v. Railroad, 103 Mo. 295; Dodd v.…
1Opinion of the CourtBurgess, J.
This is an appeal from an order of the trial court, setting aside, its finding and judgment in favor of defendants, and granting plaintiff a new trial.
The action is ejectment for the possession of a lot two hundred feet square, described as lot “I” in the Joplin Mining & Smelting Company’s addition to Joplin, Missouri.
The action was originally against the defendant Kansas City, Pittsburg & Gulf Railroad Company alone, but after-wards upon motion of the defendant, the Kansas City, Fort-Smith & Southern Railroad Company, it was made defendant.
The petition is in the usual form. The answer,…
2Cases cited7 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Eidemiller v. KumpSupreme Court of Missouri · 1875
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3Cited by5 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
- Seewald v. GentryMissouri Court of Appeals · 1926
- Gould v. St. JohnSupreme Court of Missouri · 1907
- Dickmann v. HesposMissouri Court of Appeals · 1909