Lumerate v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) A railroad may take less than one hundred feet for a right of way but not more. R. S. 1899, sec. 1035; Railroad v. Railroad, 135 Mo. 549; Leisse v. Railroad, 72 Mo. 561, 2 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) A railroad may take less than one hundred feet for a right of way but not more. R. S. 1899, sec. 1035; Railroad v. Railroad, 135 Mo. 549; Leisse v. Railroad, 72 Mo. 561, 2 Mo. App. 105; Railroad v. Railroad, 138 Mo. 598; Sugar Oo. v. Elevator Co., 82 Mo. 121; St. Louis v. Gleason, 93 Mo. 33. (2) It is self-evident under the facts in this case that the defendant could not acquire title to the property by estoppel, since it had one hundred feet, and had no authority in law to hold more. Railroad v. Railroad, 135 Mo. 557;…
1Opinion of the CourtGray, J.
This is an action brought in the circuit court of Pemiscot county, on the 14th day of May, 1908, to recover damages resulting to the plaintiff, Elmo Lumerate, by reason of defendant appropriating a strip of land forty-three feet wide and a half mile long, for right of way purposes, over and across the land claimed by plaintiff.
The petition alleges that defendant is. and was at all times mentioned, a corporation organized and existing under the laws of Missouri; that the plaintiff, the Union Savings Bank, is and was at all said times a corporation; that the plaintiff, Lee W. Rood, is the…
2Cases cited7 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Turner v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Muldrow v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
- Butler v. BoyntonMissouri Court of Appeals · 1906
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3Cited by2 opinions
- Peters v. McDonoughSupreme Court of Missouri · 1931
- Sligo Furnace Co. v. DaltonCourt of Appeals for the Eighth Circuit · 1919