Maupin v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The permission given by Maupin was a license revocable at his pleasure.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The permission given by Maupin was a license revocable at his pleasure. Pitzman v. Boyce, 111 Mo. 387; Kremer v. Railroad, 51 Minn. 15; 3 Ballard’s Annual on the Law of Real Property, sec. 237; Halloway v. Railroad, 92 Ky. 244; United States v. Lee, 106 U. S. 196. (2) The decisions in this State commencing with Provolt v. Railroad, 57 Mo. 256, holding that ejectment will not lie against a railroad company where it enters upon land with the consent of the owner, either express or implied, do not •control under the facts in…
1Opinion of the CourtValliant, J.
Plaintiff sues in ejectment for a strip of land in the city of St. Joseph, measuring twelve by forty feet, shown on the following diagram:
*190
*191Defendant has a railroad track, as shown on the diagram, in the alley through blocks 54 and 55, and a switch or spur leading from the track at a point in Angelique street through lots 1, 2, 3, and 4 of block 54. The strip sued for is that covered by the switch track, as shown on the diagram in the rear of lot 3.
The answer of defendant first' denies all of the allegations of the petition, and then pleads: that in October, 1889, the respective owners of lots…
2Cases cited8 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- McClellan v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1890
- Scarritt v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Poplin v. BrownMissouri Court of Appeals · 1918
- Westport Lumber Co. v. HarrisMissouri Court of Appeals · 1908
- Trimmer v. ShortMissouri Court of Appeals · 1973
3 more not listed; retrieve them via the Exa API.