Scarritt v. Kansas City & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. Ejectment for a strip of ground occupied by the-defendant company for its tracks and right of. way through the land of plaintiff’s testator, the action having been brought by him.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. Ejectment for a strip of ground occupied by the-defendant company for its tracks and right of. way through the land of plaintiff’s testator, the action having been brought by him. The answer of defendant, so far as necessary to quote it, is as follows: “That in the year 1882, with the knowledge, consent and acquiescence of plaintiff, defendant constructed its road on and over a part of the land in controversy, and has ever since that time been using and in possession of the same, with the knowledge and by the acquiescence of the…
1Opinion of the CourtSherwood, J.
Under the view we take of the foregoing facts in evidence, but one of the instructions denied defendant need be discussed, and that one in the nature of a demurrer to the evidence.
Mere silence or inaction of the owner whose land has been invaded, will not debar him of the use of any of the machinery of the law, whether legal or equitable, ■created for his protection. But where such owner goes forth to meet the invading party of railroad constructors, sees them doing acts of which every blow of the •axe and every thrust of the spade is a trespass, and yet •does not forbid such being done, but,…
2Cases cited9 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Chicago, Burlington & Quincy Railroad v. EnglehartNebraska Supreme Court · 1899
- Newport v. HedgesMissouri Court of Appeals · 1962
- Torres v. Plazuela Sugar Co.Supreme Court of Puerto Rico · 1916
5 more not listed; retrieve them via the Exa API.