Chicago, Santa Fe & California Railway Co. v. Elliott
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The commissioners having determined that these defendants were each equally entitled to a one-sixth interest in the award, it was error for the court to render judgment in favor of defendant, Anderson Elliott, for the full value of the lots as found by the jury.
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Appeal from Bay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The commissioners having determined that these defendants were each equally entitled to a one-sixth interest in the award, it was error for the court to render judgment in favor of defendant, Anderson Elliott, for the full value of the lots as found by the jury. Revised Statutes, 1889, sec. 2736; Lewis on Eminent Domain, sec. 515. (2) Where valuable improvements are made upon the property by the condemning corporation, prior to condemnation proceedings, the land owner is not entitled to have the value of such improvements…
1Opinion of the CourtBarclay, J.
This is a proceeding to subject to public use for railway purposes a tract of land in the *551town of Camden, Ray county. It was in this court once before (108 Mo. 321), and has since been retried before Judge Sandusky and the jury with the result of an award of damages in the sum of $225 in favor of defendant. Plaintiff has appealed.
The petition on which the action was begun alleged that six named parties were owners of the property. They were all duly notified, and, in the report of the commissioners which followed, each was found to be entitled to an'equal share of the damages, which were then…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. BakerSupreme Court of Missouri · 1890
- Chicago, Santa Fe & California Railway Co. v. ElliottSupreme Court of Missouri · 1891
3Cited by4 opinions
- City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
- Union Electric Light & Power Co. v. DawsonMissouri Court of Appeals · 1934
- Butler County Railroad v. BarronMissouri Court of Appeals · 1913
- State v. CliffordMissouri Court of Appeals · 1976