Cape Girardeau & Thebes Bridge Terminal Railroad v. St. Louis & Gulf Railway Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Eon. E. C. Riley, Judge. (1) Ejectment was not the remedy of plaintiff in this case. Defendant entered by the consent of plaintiff, granted it as early as October 18, 1902, and began at once the construction of the connecting track which in part crossed the land sued for by plaintiff. Ejectment will not lie against a railroad in such eases.
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Appeal from Scott Circuit Court. — Eon. E. C. Riley, Judge. (1) Ejectment was not the remedy of plaintiff in this case. Defendant entered by the consent of plaintiff, granted it as early as October 18, 1902, and began at once the construction of the connecting track which in part crossed the land sued for by plaintiff. Ejectment will not lie against a railroad in such eases. P'rovolt v. Railroad, 57 Mo. 256; McClellan v. Railroad, 103 Mo. 295; Maupin v. Railroad, 171 Mo. 187; Scarritt v. Railroad, 127 Mo. 298; Dodd v. Railroad, 108 Mo. 581; Kanaga v. Railroad, 76 Mo. 207; Childs v. Railroad,…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment begun in the circuit court of Scott county on March 2, 1904, in which judgment was rendered for the plaintiff for possession of the premises and $3,000 damages. From that judgment the defendant has appealed to this court.
The land involved in the litigation is described as follows: “A strip of ground 100 feet wide out of United States Private Survey No. 794, in townships 29 and 30, range 14 east, 50 feet on either side of the following described center line, to-wit: Beginning at a head-block on the main line track of the St. Louis & Gulf Railway, which head-block…
2Cases cited8 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Stump v. HornbackSupreme Court of Missouri · 1891
- Fuhr v. DeanSupreme Court of Missouri · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sanford v. KernSupreme Court of Missouri · 1909
- Gibson v. SharpMissouri Court of Appeals · 1955
- State Ex Rel. Turner v. SloanMissouri Court of Appeals · 1980
- McClure v. National Bank of CommerceSupreme Court of Missouri · 1914
- Grandstaff v. BlandMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.