St. Louis, Memphis & Southeastern Railroad v. Moldenhauer
Missouri Court of Appeals
Appeal from Perry Circuit Court. — No». James D. Fox, Judge. (1) The plaintiff was entitled to a judgment against the respondent for $600, the difference between the amount, awarded him by the commissioners and the amount awarded him by the jury, as prayed for in its motion, and the court erred in overruling the motion.
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Appeal from Perry Circuit Court. — No». James D. Fox, Judge. (1) The plaintiff was entitled to a judgment against the respondent for $600, the difference between the amount, awarded him by the commissioners and the amount awarded him by the jury, as prayed for in its motion, and the court erred in overruling the motion. The commissioners awarded him $3,100. This amount he accepted from the clerk on December 22, 1902. The jury awarded him $2,500, being $600 less, which.the court permitted him to retain without making any order whatever relating to it. This was error. The plaintiff was entitled…
1Opinion of the CourtGoode, J.
This proceeding was instituted to condemn lands for the right of way of .the plaintiff company. A commission of freeholders was appointed, which assessed the damages of defendant Moldenhauer at $3,100. The report of the commissioners was filed with the clerk of the circuit court of the county where the lands are, and the amount assessed in favor of Moldenhauer was paid by the company to the clerk for him and Moldenhauer took the money. In due time the company filed.exceptions to the award of the commissioners, and these were tried in the circuit court before a jury and Moldenhauers damages…
2Cases cited8 opinions
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. KleinSupreme Court of Missouri · 1897
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3Cited by3 opinions
- Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
- State Ex Rel. State Highway Commission v. BrownMissouri Court of Appeals · 1936
- State ex rel. State Highway Commission v. Commonwealth Drive-In Theatres, Inc.Missouri Court of Appeals · 1967