Tate v. M., K. & T. Railway Co.
Supreme Court of Missouri
Jlppeal from Randolph Circuit Court. Plaintiff sued to recover damages occasioned his lots, which abut on Moulton street, in Moberly, by reason o£ the building and construction of the railroad bed and track on the street in front of his lots, and the throwing up of an embankment in front thereof.
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Jlppeal from Randolph Circuit Court. Plaintiff sued to recover damages occasioned his lots, which abut on Moulton street, in Moberly, by reason o£ the building and construction of the railroad bed and track on the street in front of his lots, and the throwing up of an embankment in front thereof. The plaintiff introduced evidence tending to prove his ownership and possession of the lots, their location and surrounding ; that Moulton street was a public street in the town'of Moberly, ninety feet in width, and extended in front of his lots ; that in the early part of 1873, the railroad and…
1Opinion of the CourtNorton, Judge
This suit was instituted to recover damages for injury to four lots owned by plaintiff abutting on Moulton street, in the town of Moberly. The petition alleges that defendant in the construction of its road on said street erected an embankment from three to seven feet high in front of said lots, and allowed its cars, *153coaches and trains to stand on its track, whereby the use of said street was destroyed and ingress and egress to plantiff’s lots prevented. The allegations of the petition are denied by answer. The case was submitted to a jury and a verdict was found for plaintiff upon which…
2Cases cited4 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Joy v. HopkinsNew York Supreme Court · 1847
- Robertson v. . KnappNew York Court of Appeals · 1866
- Thomas v. MallinckrodtSupreme Court of Missouri · 1868
3Cited by28 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
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