Nevada & Minden Railroad v. De Lissa
Supreme Court of Missouri
Appeal from Dade Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in overruling the plaintiff’s application for a nonsuit made after the commissioner’s report had been set aside by consent. Green v. Railroad, 82 Mo. 657 ; Railroad v. Cutwater, 3 Sand. ( S. C.) 691; Provolt v. Railroad, 69 Mo. 640 ; Leisse v. Railroad, 72 Mo. 562 ; s. o., 2 Mo.
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Appeal from Dade Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in overruling the plaintiff’s application for a nonsuit made after the commissioner’s report had been set aside by consent. Green v. Railroad, 82 Mo. 657 ; Railroad v. Cutwater, 3 Sand. ( S. C.) 691; Provolt v. Railroad, 69 Mo. 640 ; Leisse v. Railroad, 72 Mo. 562 ; s. o., 2 Mo. App. 105; Corp. of N. T. v. Dover St., 18 Johns. 507 ; R. S. 1889, secs. 2736-2738; Walther v. Warner, 25 Mo. 276; Evans v. Railroad, 64 Mo. 453; Moody v. Railroad, 14 Am. & Eng. R. R. Cases, 53 ; Redman v. Railroad, 1 Am. & Eng. R. R.…
1Opinion of the CourtThomas, J.
This action was commenced in Barton county, Missouri, by appellant to condemn the right of way over respondent’s farm, consisting of six hundred and forty acres of land, in the west part of Barton county, Missouri, near the town of Pedro, being section 35, township 33, range 33, three-fourths of a mile north of where appellant’s railroad crosses the Ft. Scott & Gulf railroad. The petition is in due form, and all the preliminary steps were taken to sustain such a proceeding.
On the fourth day of March, 1886, three commissioners were appointed to assess respondent’s damage, to-wit: James…
2Cases cited3 opinions
- Springfield & Southern Railway Co. v. CalkinsSupreme Court of Missouri · 1886
- Gray v. St. Louis & San Erancisco Railway Co.Supreme Court of Missouri · 1883
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by10 opinions
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Ex Parte HartwellSupreme Court of Alabama · 1939
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- St. Louis & Kansas City Railway Co. v. DonovanSupreme Court of Missouri · 1899
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