Hook v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. -(1) The trial court should have allowed the witness, T. H. Hubbard, to testify as to the grade and course of the. railroad at and adjacent to the point of the crossing of the county road.- With a heavy grade and sharp curves at this point the disadvantages to the defendant might be far in excess of any advantages that could possibly accrue.
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Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. -(1) The trial court should have allowed the witness, T. H. Hubbard, to testify as to the grade and course of the. railroad at and adjacent to the point of the crossing of the county road.- With a heavy grade and sharp curves at this point the disadvantages to the defendant might be far in excess of any advantages that could possibly accrue. To show such grade and curves was the object of offering such testimony. (2) The court erred in permitting the witness, M. Messersmith, to testify that the advantages were equal to the…
1Opinion of the CourtBarclay, J.
This is a condemnation proceeding begun in the county court of Callaway with a view to establish a local road, which crosses in its course the railway line of defendant. ' Mr. Hook and others are petitioners for the road.
The county court after the usual preliminaries (R. S. 1889, secs. 7796, 7797) appointed commissioners to assess the damages resulting from the establishment of the proposed road across defendant’s land or “right of way.” The commissioners assessed $10 damages in favor of the defendant. The latter filed exceptions; and, upon a jury trial in the county court, a verdict for…
2Cases cited3 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- City of Kansas v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1890
3Cited by6 opinions
- State Ex Rel. State Highway Commission v. Vorhof-Duenke Co.Supreme Court of Missouri · 1963
- State Ex Rel. State Highway Commission v. PopeMissouri Court of Appeals · 1934
- St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
- Bennett v. WoodySupreme Court of Missouri · 1897
- Burrows v. County Court of Carter CountyMissouri Court of Appeals · 1957
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