Legal Opinion

St. Louis, Oak Hill & Carondelet Railway Co. v. Fowler

Supreme Court of Missouri

Decided February 23, 1898PublishedCited by 29 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in receiving in evidence the tax returns made by defendant Rothan. 2 Wharton on Ev. [3 Ed.], sec. 1199; 1 Greenl. on Ev. [15 Ed.], see. 176; The New Orleans, 106 U. S. 13; McLellanv. Cox, 36 Me. 95; Dean v. Ross, 105 Cal. 231; Prewettv.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred in receiving in evidence the tax returns made by defendant Rothan. 2 Wharton on Ev. [3 Ed.], sec. 1199; 1 Greenl. on Ev. [15 Ed.], see. 176; The New Orleans, 106 U. S. 13; McLellanv. Cox, 36 Me. 95; Dean v. Ross, 105 Cal. 231; Prewettv. Coopward, 30 Miss. 389; Thompson v. Thompson, 13 Ohio St. 360; McMillan v. McDill, 110 111. 51, 52; Bale’s Appeal, 57 Conn. 140; Shailer v. Bwnstedt, 99 Mass. 130; O’ Connor v. Madison, 98 Mich. 190, 191; Livingston’s Appeal, 63 Conn. 76; Nussear v. Arnold, 13…

1Opinion of the CourtMacfarlane, J.

This is a proceeding by the plaintiff, a railway company, to condemn for right of way a strip of land through a twenty-four acre tract belonging to defendants, situate within the limits of St. Louis.

*675The proceedings were commenced in 1886. Commissioners were appointed, who awarded to defendants $2,580 damages. On exceptions thereto, filed in the circuit court, a trial by jury was had and the damages were assessed at $11,541.20. On appeal to this court the judgment was reversed. On a re-trial by a jury the damages were assessed at $3,850, and defendants appeal. During the trial the following…

2Cases cited14 opinions

  1. Douglass v. County of PikeSupreme Court of the United States · 1880
  2. St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
  3. Hickman v. City of KansasSupreme Court of Missouri · 1894
  4. Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
  5. St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884

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3Cited by29 opinions

  1. United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
  2. City of St. Louis v. VasquezSupreme Court of Missouri · 1960
  3. Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
  4. State Ex Rel. State Highway Commission v. GaleenerSupreme Court of Missouri · 1966
  5. State Ex Rel. State Highway Commission v. JonesSupreme Court of Missouri · 1929

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