Missouri Pacific Railway Co. v. Bradbury
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Rom. E. P. Gates, Judge. (1) The track in controversy had not been abandoned by the Missouri Pacific Railway Company. The rule is that “the mere non-user of this piece of road, in the absence of adverse possession by the servient owner, or other acts of such unequivocal nature on the part of the owners of the railroad, as to evince a clear intention to abandon the easement, would not work an ex-tinguishment of the right-of-way.
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Appeal from Jackson Circuit Court. — Rom. E. P. Gates, Judge. (1) The track in controversy had not been abandoned by the Missouri Pacific Railway Company. The rule is that “the mere non-user of this piece of road, in the absence of adverse possession by the servient owner, or other acts of such unequivocal nature on the part of the owners of the railroad, as to evince a clear intention to abandon the easement, would not work an ex-tinguishment of the right-of-way. Railway v. Railway, 129 Mo. 70; Investment Co. v. Railway, 108 Mo. 50. (2) But even if we should concede that'the Missouri…
1Opinion of the CourtSmith, P. J.
This is a proceeding for an injunction. The case as disclosed by the record is about this:
It is in effect conceded that, in the northwest quarter of section 31, township 50, range 32, of Jackson county, beginning at a point about 2,100 feet west of the point where the Santa Pe railroad crosses the Missouri Pacific tracks, in section 31, township 50, range 32, between Kansas City and Independence, H. L. McElroy owns about four acres of land south of the Missouri Pacific track, and the estate of F. J. Baird owns a little more than nine acres of land adjoining the McElroy land on the west, and…
2Cases cited18 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Dillon v. BarnardSupreme Court of the United States · 1875
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Wade v. Chicago, Springfield & St. Louis RailroadSupreme Court of the United States · 1893
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3Cited by8 opinions
- Berry v. Emery, Bird, Thayer Dry Goods Co.Supreme Court of Missouri · 1948
- Anson v. TietzeSupreme Court of Missouri · 1945
- L. & G. Realty & Construction Co. v. City of IndianapolisIndiana Court of Appeals · 1957
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Wood Preserving Corporation v. State Tax CommissionSupreme Court of Alabama · 1938
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