Legal Opinion

Smith v. Missouri, Kansas & Texas Railway Co.

Missouri Court of Appeals

Decided May 3, 1902PublishedCited by 2 opinions

Appeal from Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe defendant was not required to construct a crossing to connect the lands mentioned in the petition, nor was the plaintiff entitled to any such crossing, and, therefore, was not entitled to recover. See. -2611, E. S. 1889; Stumpe v. Railroad, 61 Mo. App. 357; Miller v. Railroad. 56 Mo.

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Appeal from Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe defendant was not required to construct a crossing to connect the lands mentioned in the petition, nor was the plaintiff entitled to any such crossing, and, therefore, was not entitled to recover. See. -2611, E. S. 1889; Stumpe v. Railroad, 61 Mo. App. 357; Miller v. Railroad. 56 Mo. App. 72; Chalcraft v. Railroad, 113 Ill. 86; Edwards v. Railroad, 66 Mo. 567-571; Cousins v. Railroad, 66 Mo. 572; Elliott v. Railroad, 66 Mo. 683; Wymore v. Railroad, 79 Mo. 247; Rhea v. Railroad, 84 Mo. 345; Railway v. Clark, 121 Mo. 183;…

1Opinion of the CourtEllison, J.

This action is brought under section 1105, Revised Statutes 1899, to recover the expense of constructing' a “farm crossing” over defendant’s railroad. Plaintiff recovered judgment, including an attorney’s fee.

In 1873, the railway was constructed through the farm of Jefferson Henderson, leaving a body of his land on each side. Defendant put in a farm crossing. Afterwards, Hen*400derson sold a portion of his farm on either side of the railway to different parties, and it was eat up into small tracts, that belonging to this plaintiff consisting of two six-acre pieces, one piece being on the east and…

2Cases cited10 opinions

  1. St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
  2. Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
  3. Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
  4. Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
  5. Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883

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3Cited by2 opinions

  1. Chicago, Milwaukee, St. Paul & Pacific Railroad v. CrossSupreme Court of Iowa · 1931
  2. Quantock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903

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