Legal Opinion

St. Louis, Memphis & Southeastern Railroad v. Aubuchon

Supreme Court of Missouri

Decided November 21, 1906PublishedCited by 33 opinions

Appeal from. Ste. Genevieve Circuit Court. — Hon. Robt. A. Anthony, Judge. (1) To constitute a body of land a single tract, for tbe purpose of assessing damages to tbe entire tract on ■account of tbe taking of a right of way thereupon for a railroad company, tbe tract must have been used in common for a single joint purpose before the condemnation proceedings, and if such unity of use has not existed, damages should not be allowed to tbe entire tract.

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Appeal from. Ste. Genevieve Circuit Court. — Hon. Robt. A. Anthony, Judge. (1) To constitute a body of land a single tract, for tbe purpose of assessing damages to tbe entire tract on ■account of tbe taking of a right of way thereupon for a railroad company, tbe tract must have been used in common for a single joint purpose before the condemnation proceedings, and if such unity of use has not existed, damages should not be allowed to tbe entire tract. Eailroad v. Doran, 15 Minn. 230; White v. Eailroad, 154 111. 620; Sharp v. U. S., 191 U. S. 341;' Eailroad v. Wilkins, 45 Kan. 674; Gibson v.…

1Opinion of the CourtLamm, J.

On October 25, 1901, Narcissus A. Aubuchon purchased a parcel of land described as all of fractional section 11, township 39, range 7 east, containing 56.99 acres lying in Ste. Genevieve county, for $2,000, and entered into possession. Thereafter, on September 5,1902, the St. Louis, Memphis & Southeas*358tern Railroad Company commenced proceedings in the circuit court of said county to condemn a right of way for a standard gauge railroad through said tract for a distance of 3,145 feet, taking therefor a strip 100‘ feet wide, containing 7.002 acres of land. On October 1.1 commissioners, duly…

2Cases cited28 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
  3. Galveston, Harrisburg & San Antonio Railway Co. v. MatulaTexas Supreme Court · 1891
  4. Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
  5. White v. HermannIllinois Supreme Court · 1869

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3Cited by33 opinions

  1. Sturgeon v. ClarkNew Mexico Supreme Court · 1961
  2. State v. MucciSupreme Court of New Jersey · 1957
  3. Chapman v. United StatesCourt of Appeals for the Tenth Circuit · 1948
  4. City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
  5. State v. Bradshaw Land & Livestock Co.Montana Supreme Court · 1935

28 more not listed; retrieve them via the Exa API.

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