Missouri Pacific Railway Co. v. Porter
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L, Edwards, Judge. (1) The petition does not seek to condemn the right to take or interfere with a ferry franchise of the defendant. It only seeks to condemn the right to build its railroad over certain lots, in the city of Boonville, fronting on the Missouri river, which the defendant below claimed were used by him as a ferry landing. The ownership of the lots and of the ferry franchise is entirely separate and distinct.
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Appeal from Moniteau Circuit Court. — Hon. E. L, Edwards, Judge. (1) The petition does not seek to condemn the right to take or interfere with a ferry franchise of the defendant. It only seeks to condemn the right to build its railroad over certain lots, in the city of Boonville, fronting on the Missouri river, which the defendant below claimed were used by him as a ferry landing. The ownership of the lots and of the ferry franchise is entirely separate and distinct. The ownership of the banks of a river does not create in such owner a ferry franchise. Nor is it necessary that the owner of a…
1Opinion of the CourtThomas, J.
This is a condemnation proceeding. The defendant was awarded $10,500 damages to his property and $1,725 interest thereon, making $12,225 in all, and plaintiff appeals.
The record shows that plaintiff commenced two actions in the circuit court of Cooper county, one in May and the other in November,. 1887, to condemn a right of way, one hundred feet wide, for its road, through lots owned by defendant in the city of Boon-ville. The commissioners in the first case reported June 11, 1887, allowing defendant $5,000 damages, and in the second case November 26, 1887, allowing him *366$700. Plaintiff…
2Cases cited4 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
3Cited by15 opinions
- In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
- Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- Prairie Pipe Line Co. v. ShippSupreme Court of Missouri · 1924
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
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