Powell v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) An easement upon a railroad right of way cannot be obtained by prescription. Railroad v. Tot-man, 149 Mo. 657; Railroad v. Smith, 170 Mo. 327; Costello v. Railroad, 70 N; H. 403. (2) The user in the case at bar was not under a claim of right, nor adverse to the railway, company, but was permissive and therefore could not ripen into an easement by prescription.
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Transferred from St. Louis Court of Appeals. (1) An easement upon a railroad right of way cannot be obtained by prescription. Railroad v. Tot-man, 149 Mo. 657; Railroad v. Smith, 170 Mo. 327; Costello v. Railroad, 70 N; H. 403. (2) The user in the case at bar was not under a claim of right, nor adverse to the railway, company, but was permissive and therefore could not ripen into an easement by prescription. Pitzman v. Boyce, 111 Mo. 387; Railroad v. Stock Yards Co., 120 Mo. 541; Smith v. Sedalia, 152 Mo. 283; Hunnewell v. Burchett, 152 Mo. 611; Anthony v. Building Co., 188 Mo. 704; Missouri…
1Opinion of the CourtValliant, P. J.
This cause comes to this court from the St. Louis Court of Appeals, on the certificate of' one of the judges of that court that the opinion of the majority is in conflict with the decisions of this court in certain cases mentioned.
The following is the majority opinion of that court written by Goode, J.:
“Plaintiff owns a farm of about five hundred acres in Scotland county, through which the defendant’s railroad runs diagonally from the northeast to the southwest. The road was constructed through the farm in 1887 by the Chicago, Santa Fe & California Railroad Company, of which the defendant is…
2Cases cited22 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Acton v. DooleySupreme Court of Missouri · 1881
- Jones v. . SeligmanNew York Court of Appeals · 1880
- New York & New England Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1894
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
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3Cited by6 opinions
- Herndon v. . R. R.Supreme Court of North Carolina · 1913
- St. Louis-San Francisco Railway Co. v. DillardSupreme Court of Missouri · 1931
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- St. Louis-San Francisco Railway Co. v. KingSupreme Court of Missouri · 1932
- Holmberg v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Nebraska Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.