Turner v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) Plaintiffs, being tbe admitted owners in fee to the land now being appropriated and used by defendant, are entitled to sue and recover for the value of the land and a judgment for recovery and a satisfaction thereof will vest easement in defendant.
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Appeal from Pettis Circuit Court. — Now. Louis Hoffman, Judge. (1) Plaintiffs, being tbe admitted owners in fee to the land now being appropriated and used by defendant, are entitled to sue and recover for the value of the land and a judgment for recovery and a satisfaction thereof will vest easement in defendant. Doyle v. Railroad, 113 Mo. 280; McReynolds v. Railroad, 110 Mo. 484; Webster v. Railroad, 116 Mo. 115. (2) While one buying land, occupied by railroad for right of way, at the time of purchase, can not recover upon action of trespass or in a suit in ordinary form for damages done…
1Opinion of the CourtJohnson, J.
Plaintiffs, who are 'husband and wife, allege in their petition that they are the owners in fee of a quarter section of land in Pettis county, and that on September 17, 1904, defendant railroad company entered upon and appropriated a strip of ground fifty feet wide across said tract “for its right of way ‘from the main line of defendant’s railroad in Pettis county, Missouri, to the Missouri State Fair grounds in said Pettis county and thereon constructed its railroad track and since has been and is now operating its engines and cars over the said land of plaintiffs.” The value of the strip…
2Cases cited12 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Maxey v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
- Smith v. City of SedaliaSupreme Court of Missouri · 1912
- Spain v. City of Cape GirardeauMissouri Court of Appeals · 1972
- Barr v. Kamo Elec. Corp., Inc.Missouri Court of Appeals · 1983
9 more not listed; retrieve them via the Exa API.