Ragan v. Kansas City & Southeastern Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. V. C. Karnes, Special Judge. (1) Instruction numbered 1, given at request of plaintiffs, was erroneous. First. Because it told the jury that it was admitted that plaintiff, Lucinda H. Ragan, had the title. There was. no such admission in the evidence. Mather v. Walsh, 107 Mo. 121; WilJcerson v. Filers, 114 Mo. 245. Second.
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Appeal from Jackson Circuit Court. — Hon. J. V. C. Karnes, Special Judge. (1) Instruction numbered 1, given at request of plaintiffs, was erroneous. First. Because it told the jury that it was admitted that plaintiff, Lucinda H. Ragan, had the title. There was. no such admission in the evidence. Mather v. Walsh, 107 Mo. 121; WilJcerson v. Filers, 114 Mo. 245. Second. Whether the Kansas City, Memphis & Mobile Railroad Company, its successors or assigns, had possession for ten years was a controverted question of fact to be found from the evidence. The court could not properly take it from the…
1Opinion of the CourtBurgess, J.
This is an action for damages for the appropriation by defendant for its right of way of a strip of land one hundred feet wide through two lots in Westport, Jackson county, Missouri. The case was before this court on a former occasion (111 Mo. 456). The lots have a frontage of one hundred and thirty-two feet on Mill street, and are one hundred and twenty feet in depth.
In 1874 the Kansas City, Memphis & Mobile Railroad Company graded a roadbed across the lots, pulling down the fencing around the same, and part of a shedroom attached to a house. This company did not pay anything for the land…
2Cases cited6 opinions
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
- Mather v. WalshSupreme Court of Missouri · 1891
- Wilkerson v. EilersSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gila Water Co. v. Gila Land & Cattle Co.Arizona Supreme Court · 1925
- State Ex Rel. Highway Commission v. WilliamsMissouri Court of Appeals · 1932
- Dunavant v. Pemiscot Land & Cooperage Co.Missouri Court of Appeals · 1915
- Brown v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Williams v. LloydArizona Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.