McReynolds v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. Í). A, DeArmond, Judge. (1) The objection to the introduction of any evidence under the petition was well taken. (2) Proof of damage to the particular forties through which the road runs, without taking into consideration the whole connected body of plaintiff’s land, was improper. Railroad v. Waldo, 70 Mo. 629; WinJcleman v. Railroad, 14 Am. & Eng.
Read the full summary
Appeal from Henry Circuit Court. — Hon. Í). A, DeArmond, Judge. (1) The objection to the introduction of any evidence under the petition was well taken. (2) Proof of damage to the particular forties through which the road runs, without taking into consideration the whole connected body of plaintiff’s land, was improper. Railroad v. Waldo, 70 Mo. 629; WinJcleman v. Railroad, 14 Am. & Eng. R. R. Cases, 186. (3) . Proof that plaintiff lost two acres which he used for turn-rows, and that his water course was obstructed, was improper, first, because two remote; second, because there is no…
1Opinion of the CourtBrace, J.
This is an action for damages against the defendant for taking possession of, and appropriating to its own exclusive use, for the purpose of building and operating its railway thereon, a strip of ground belonging to plaintiff,' one hundred feet wide, across his farm of eleven hundred and ninety acres, for a right of way, without license or any other right so to do, and without any compensation to him therefor, in which plaintiff tenders a deed therefor to the defendant to be delivered upon the payment of such damages.
On the trial the circuit court gave the following instruction for the…
2Cases cited15 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- City of Springfield v. SchmookSupreme Court of Missouri · 1878
- Combs v. SmithSupreme Court of Missouri · 1883
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
19 more not listed; retrieve them via the Exa API.