Lackland v. North Missouri Railroad
Supreme Court of Missouri
Appeal from Warren Circuit Court. This was an action to recover damages against the defendant for obstructing the street in front of the plaintiffs’ lot in the town of St. Charles, by using the same for the purposes' of a railroad, to the exclusion of the plaintiffs from the use of their right of way in the street, and in diminution of the value of their property.
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Appeal from Warren Circuit Court. This was an action to recover damages against the defendant for obstructing the street in front of the plaintiffs’ lot in the town of St. Charles, by using the same for the purposes' of a railroad, to the exclusion of the plaintiffs from the use of their right of way in the street, and in diminution of the value of their property. The answer sets up in defence that the defendant was authorized by its charter, and by certain ordinances of the city of St. Charles, to construct its railroad along and over said Main street, had a lawful right of way over said…
1Opinion of the CourtBates, Judge
This is an action brought to recover damages for obstructing a highway (a street in the city of St. Charles) in front of a lot of the plaintiffs. The evidence shows a state of facts almost identical with those which appeared in the case of Norman Lackland against the same defendant, reported in 31 Mo. Rep. 181; with the addition, in this case, that, since the suit was brought, such changes have been made in the street, and in the use of it by the defendant, as removed the greater part of the obstructions.
Two cases have been before this court which had reference to obstructions of the same…
2Cases cited1 opinion
- Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
3Cited by5 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Morie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Kerney v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1901
- Trook v. Baltimore & Potomac RailroadDistrict of Columbia Court of Appeals · 1881