Smith v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
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
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. CrossSupreme Court of Iowa · 1931
- Quantock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903