Kansas City Southern Railway Co. v. Sandlin
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division ■ No. One.—Hon. Jos. D. Perkins, Judge. (1) Respondent’s title is an easement or right ■way. It has no interest in the mineral. 33 Cye. 167; Gas Co., 162 Ind. 393,'68 N. E. 1020; Raleigh, etc., v. Sturgeon, 120 N. C. 225, 26 S. E. 779; East Tenn. •v. Telford, 89 Tenn. 293, 14 S. W. 776; Boycé v. Railroad, 168 Mo. 583; Delaney v. Mo.
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Appeal from Jasper County Circuit Court, Division ■ No. One.—Hon. Jos. D. Perkins, Judge. (1) Respondent’s title is an easement or right ■way. It has no interest in the mineral. 33 Cye. 167; Gas Co., 162 Ind. 393,'68 N. E. 1020; Raleigh, etc., v. Sturgeon, 120 N. C. 225, 26 S. E. 779; East Tenn. •v. Telford, 89 Tenn. 293, 14 S. W. 776; Boycé v. Railroad, 168 Mo. 583; Delaney v. Mo. Railroad, 168 Mo. ■599; Chouteau v. Railroad, 122 Mo. 375; Baker v. Railroad, 122 Mo. 396; Kellogg v. Malin, 50 Mo. 496; Jones v. Yan Boshove, 61 N. W. 342; Hill v. Railroad, 32 Vt. 74; Railroad v. McWilliams, 32…
1Opinion of the CourtSturgis, J.
—The plaintiff owns and operates a railroad running south from Joplin, Missouri. The defendants claim to have and were exercising the right to mine for lead and zinc ores under the plaintiff’s right of way, their right to do so being based on a mining lease to them from the owner of the land through which the railroad runs. By this action the plaintiff seeks to restrain defendants from so doing. The trial court granted a perpetual injunction, from which the defendants have appealed.
*388One of the grounds on which plaintiff seeks to uphold the judgment of the trial court is that plaintiff is the…
2Cases cited28 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
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3Cited by6 opinions
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Allen v. BeasleySupreme Court of Missouri · 1923
- Goodwin v. Costello and ArelloMissouri Court of Appeals · 1948
- Gatson v. Farber Fire Brick Co.Missouri Court of Appeals · 1926
- Davis v. ByrdMissouri Court of Appeals · 1945
1 more not listed; retrieve them via the Exa API.