Pacific Railroad v. Chrystal
Supreme Court of Missouri
Ei'ror to Franklin Circuit Cowrt. I. The right of eminent domain can not be granted to a private person or corporation for private uses. (2 Kent, Com. 889, note and cases cited; 2 Dali. 804.) A railroad company whose road is nowhere by the law declared to be a public road is nothing more than a private person in the law. (Harding v. Goodlett, 3 Yerg. 41; Gardner v. Trustees of Newburg, 2 Johns.
Read the full summary
Ei'ror to Franklin Circuit Cowrt. I. The right of eminent domain can not be granted to a private person or corporation for private uses. (2 Kent, Com. 889, note and cases cited; 2 Dali. 804.) A railroad company whose road is nowhere by the law declared to be a public road is nothing more than a private person in the law. (Harding v. Goodlett, 3 Yerg. 41; Gardner v. Trustees of Newburg, 2 Johns. Ch. 161.) Nowhere do we find in the acts of incorporation, whether original or amended, any declaration of law that the Pacific Railroad is a public road for public uses. It clearly does not come under…
1Opinion of the CourtNapton, Judge
Most of the points made and discussed-in this case have been decided by the court in other cases during this term, and it will not therefore be necessary that they be particularly noticed.
The order of the circuit court to the commissioners appointed to assess the damages to Chrystal’s land was, “ that said commissioners, in forming their estimate, make due allowance or deduction for any advantages or benefits which the said William Chrystal will derive from the said Pacific Railroad, but not allowing him the benefit of any rise in land in consequence of the survey.”
Although no exception was…
2Cited by16 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Prairie Pipe Line Co. v. ShippSupreme Court of Missouri · 1924
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- Texas-Empire Pipe Line Co. v. StewartSupreme Court of Missouri · 1932
11 more not listed; retrieve them via the Exa API.