St. Louis & Kansas City Railway Co. v. Russell
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. G-eo. F. Longan, Special Judge. Tbe judgment was erroneous and the motion in arrest should have been sustained. Plaintiff was entitled to a judgment condemning a right of way over the land described in the petition and vesting in plaintiff an easement in defendant’s land for the purposes of such right of way upon payment of the excess of the verdict over the amount awarded by the commissioners and received by defendant.
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Appeal from Johnson Circuit Court. — Hon. G-eo. F. Longan, Special Judge. Tbe judgment was erroneous and the motion in arrest should have been sustained. Plaintiff was entitled to a judgment condemning a right of way over the land described in the petition and vesting in plaintiff an easement in defendant’s land for the purposes of such right of way upon payment of the excess of the verdict over the amount awarded by the commissioners and received by defendant. Instead of that the court simply rendered an ordinary money judgment against plaintiff for the amount of the verdict of the jury,…
1Opinion of the CourtYalliant, J.
Tbis is a proceeding to condemn a right of way for plaintiffs’ railroad through defendants’ farm. Upon tbe filing of tbe petition in tbe office of tbe circuit clerk of Johnson county in vacation, the clerk issued a summons to tbe defendants to appear before tbe judge of that court on August 8th, 1895, which was duly served, and tbe defendants appeared as required. Thereupon tbe judge of that circuit beard tbe petition, and after finding tbe facts on which to base bis order, appointed commissioners as tbe statute requires, who-filed their report showing that they bad performed tbe duty imposed…
2Cases cited1 opinion
- St. Louis & Kansas City Railway Co. v. DonovanSupreme Court of Missouri · 1899
3Cited by3 opinions
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908
- St. Louis & Kansas City Railway Co. v. EbySupreme Court of Missouri · 1899