Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. J. M. Sandusky, Judge (1) The value of the land is to be determined by the date of the appropriation and not of the condemnation. Daniels v. Railroad, 41 Iowa, 52; Jones v. Railroad, 14 Am. & Eng. R. R. Cases, 217; Cohen v. Railroad, 84 Kan. 167; Railroad v. Hays, 14 Am. & Eng. R. R. Cases, 180; Mills on Em. Domain, sec. 175; Pierce on Railroads, 209 ; Diclcenson v. Inhabitants, 18 Gray, 546 ; 7 Black, 209 ; 61 Pa. St. 369 ; 20 Pa.
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Appeal from Clay Circuit Court. — Hon. J. M. Sandusky, Judge (1) The value of the land is to be determined by the date of the appropriation and not of the condemnation. Daniels v. Railroad, 41 Iowa, 52; Jones v. Railroad, 14 Am. & Eng. R. R. Cases, 217; Cohen v. Railroad, 84 Kan. 167; Railroad v. Hays, 14 Am. & Eng. R. R. Cases, 180; Mills on Em. Domain, sec. 175; Pierce on Railroads, 209 ; Diclcenson v. Inhabitants, 18 Gray, 546 ; 7 Black, 209 ; 61 Pa. St. 369 ; 20 Pa. St. 240; Whitman ®. Railroad, Allen, 313. (2) The original petition was sufficient, and the only damages to be assessed were…
1Opinion of the CourtMacfarlane, J.
This is a proceeding for the con-' demnation of the right of way for plaintiff’s railway through the southeast quarter, section 9, and a part of the northwest quarter of the southwest quarter, of section 10, township 50, range 32, in Clay county, which belonged to defendant at the time the proceedings were instituted. The petition was filed on the sixth day of August, 1887.
The petition, after stating the incorporation of plaintiff and defendant, that plaintiff was engaged in.the construction of a railroad from Ottumwa, Iowa, to Kansas City, in a southwesterly direction, through Clay county,…
2Cases cited12 opinions
- Isom v. Mississippi Central RailroadMississippi Supreme Court · 1858
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Driver v. Western Union RailroadWisconsin Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- City of St. Louis v. VasquezSupreme Court of Missouri · 1960
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Harris v. L. P. & H. Construction Co.Missouri Court of Appeals · 1969
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
34 more not listed; retrieve them via the Exa API.