St. Louis, Memphis & Southeastern Railroad v. Continental Brick Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) It is error to admit testimony of a witness as to the value of land taken, or the amount of damages to the land not taken, where it appears that the witness does not know the market value of the land in question. Railroad v. Stewart, 50 Kan. 33; Gorgas v. Railroad, 114 Pa.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) It is error to admit testimony of a witness as to the value of land taken, or the amount of damages to the land not taken, where it appears that the witness does not know the market value of the land in question. Railroad v. Stewart, 50 Kan. 33; Gorgas v. Railroad, 114 Pa. St. 1; Railroad v. Gilchrist, 4 Wash. 509; Railroad v. Easley, 26 Pac. 731; Railroad v. Pearson, 35 Cal. 260. (2) It is error to admit testimony of the value of clay in land considered separately from the value of the land itself. Railroad v.…
1Opinion of the CourtValliant, J.
Plaintiff in this proceeding is condemning a right of way for its railroad through a tract of land owned by defendant, near the city of St. Louis, containing 153.13 acres. The defendant is a brick manufacturing concern and has, located on this tract of land, its brick-making plant, consisting of machinery, kilns, houses and appurtenances. A branch of the Missouri Pacific Railway passes near the defendant’s works and there is a switch track into its premises. The plant had been built about ten years before the trial, during three years of which time it had not been operated. It was purchased…
2Cases cited2 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
3Cited by20 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- City of Shreveport v. Abe Meyer Corp.Supreme Court of Louisiana · 1951
- City of St. Louis v. Paramount Shoe Manufacturing Co.Missouri Court of Appeals · 1943
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
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