Kansas City Interurban Railway Co. v. Davis
Supreme Court of Missouri
'Appeal from Jackson Circuit Court. — Now. Andrew? F. Evans, Judge. (1) The corporate existence of the plaintiff is an issue which may he made in a proceeding to condemn property. Railroad v. Shambaugh, 106 Mo. 566. (2) 1. The charter of plaintiff is forfeited under the very terms of the statute (in failing to do what the law requires of it within the time prescribed by law) that is to say, by the Statute of Limitations.
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'Appeal from Jackson Circuit Court. — Now. Andrew? F. Evans, Judge. (1) The corporate existence of the plaintiff is an issue which may he made in a proceeding to condemn property. Railroad v. Shambaugh, 106 Mo. 566. (2) 1. The charter of plaintiff is forfeited under the very terms of the statute (in failing to do what the law requires of it within the time prescribed by law) that is to say, by the Statute of Limitations. It is the manifest purpose of this statute (R. S. 1899, sec. 1161), to require that the construction of a railroad should be begun in a reasonable time, and continued…
1Opinion of the CourtValliant, J.
The plaintiff railroad company is seeking by this proceeding to condemn a right of way for its road through certain land of defendants in Jackson county. On filing the petition commissioners were appointed to assess the defendants’ damages and in due time they made their report assessing thé value of the property taken at $800. and the damages to the remaining property at $250; exceptions to the report were filed by defendants, which coming on to be heard, upon the pleadings and evidence, were by the court overruled, and a judgment of condemnation accordingly was entered, from which judgment…
2Cases cited4 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Quincy, Missouri & Pacific Railroad Co. v. KelloggSupreme Court of Missouri · 1873
- Missouri Pacific Railway Co. v. CarterSupreme Court of Missouri · 1885
- Kansas City Interurban Railway Co. v. NelsonSupreme Court of Missouri · 1906
3Cited by9 opinions
- Hennick v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1954
- Chicago, B. & Q. R. v. North Kansas City Development Co.Court of Appeals for the Eighth Circuit · 1943
- Day v. Tacoma Railway & Power Co.Washington Supreme Court · 1914
- State Ex Rel. State Highway Commission v. LynchSupreme Court of Missouri · 1956
- State ex rel. Missouri Water Co. v. BostianSupreme Court of Missouri · 1955
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