Kansas City Suburban Belt Railway Co. v. McElroy
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in refusing to instruct that benefits to the property in controversy, by reason of switch facilities, were special benefits. Railroad v. Fowler, 142 Mo. 683. (2) The court erred in admitting in evidence the report of the condemnation commissioners and in permitting counsel to comment upon it in his closing argument to the jury.
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Error to Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in refusing to instruct that benefits to the property in controversy, by reason of switch facilities, were special benefits. Railroad v. Fowler, 142 Mo. 683. (2) The court erred in admitting in evidence the report of the condemnation commissioners and in permitting counsel to comment upon it in his closing argument to the jury. Lewis on Eminent Domain, sec. 449. (1) No error was committed in refusing instructions 8 and 9 asked by the plaintiff for the satisfactory reason that the rule attempted to be stated by…
1Opinion of the CourtRobinson, J.
This proceeding was instituted by plaintiff to condemn a strip of land thirty-six feet wide for its railroad, through four lots in Kansas Oity, owned by defendant.
The condemnation commissioners appointed by the court filed their report assessing the sum of $8,000 as damages to the defendant McElroy, the owner of the lots, to which report both the plaintiff and defendant duly filed exceptions. A trial by a jury was had in the circuit court in April, 1896, which again resulted in a verdict, assessing defendant’s damages at $8,000. To reverse the judgment entered upon that verdict, plaintiff has…
2Cited by7 opinions
- State Ex Rel. State Highway Commission v. Vorhof-Duenke Co.Supreme Court of Missouri · 1963
- Kansas City Southern Railway Co. v. Second Street Improvement Co.Supreme Court of Missouri · 1914
- Missouri Pacific Railway Co. v. RobertsSupreme Court of Missouri · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908
- Trepp v. State National BankSupreme Court of Missouri · 1926
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