Rothan v. St. Louis, Oak Hill & Carondelet Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) The constitution of this state prohibits the disturbance of the possession of private property by virtue of the exercise of the right of eminent domain until the compensation therefor has been ascertained by a jury and paid to the owner or into court for the owner.- And such compensation had not been thus ascertained in this case, though the right thereto was constantly insisted upon. Railroad v. Story, 96 Mo. 619; Railroadv.
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Appeal from St. Louis City Circuit Court. (1) The constitution of this state prohibits the disturbance of the possession of private property by virtue of the exercise of the right of eminent domain until the compensation therefor has been ascertained by a jury and paid to the owner or into court for the owner.- And such compensation had not been thus ascertained in this case, though the right thereto was constantly insisted upon. Railroad v. Story, 96 Mo. 619; Railroadv. Cudmore, 103’Mo. 638; Railroad v. Town-Site Go., 103 Mo. 469; Railroad v. Shambaugh, 17 S. W. Rep. 581; Railroad v. Miller,…
1Opinion of the CourtBlack, J.
This was a suit to restrain the defendant from entering upon and constructing a railroad over a tract of land owned by the plaintiffs. The circuit court sustained the demurrer to the amended petition, and the plaintiffs appealed from a judgment entered thereon.
There are many things stated in the amended petition which are irrelevant to any question of law raised on this appeal, and which need not be mentioned.
This suit was commenced on the eleventh of March, 1887. According to the amended petition, which was filed in October, 1888, the Oak Hill & Carondelet Railway Company is a corporation…
2Cases cited8 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- City of St. Louis v. Gerhart Realty Co.Supreme Court of Missouri · 1931
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
- Davidson v. Texas & New Orleans Railway Co.Court of Appeals of Texas · 1902
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