Chicago, Santa Fe & California Railway Co. v. Miller
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The plaintiff was entitled to have the report of the commissioners set aside, and the jury trial ordered as a constitutional right. Railroad v. Town-Site Co., 103 Mo. 451; Const, of Mo., art. 12, sec. 4; Railroad v. Almeroth, 13 Mo. App. 91; Railroad v. Story, 96 Mo. 611. ■ (2) The plaintiff did no act, whereby he waived a trial by jury.
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Appeal from Clark Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The plaintiff was entitled to have the report of the commissioners set aside, and the jury trial ordered as a constitutional right. Railroad v. Town-Site Co., 103 Mo. 451; Const, of Mo., art. 12, sec. 4; Railroad v. Almeroth, 13 Mo. App. 91; Railroad v. Story, 96 Mo. 611. ■ (2) The plaintiff did no act, whereby he waived a trial by jury. Railroad v. Story, 96 Mo. 611. (3) When the commissioners have erred in the principles upon which they made their appraisal, the report should be set aside. Railroad n. Campbell, 62 Mo. 585;…
1Opinion of the CourtBlack, J.
The plaintiff commenced this suit before a justice of the peace, under section 2566, Revised Statutes, 1889, to condemn two tracts of land, one containing three and eight-tenths acres, and the other twelve and six-tenths acres, for the purpose of a reserVoir. The justice appointed three commissioners who assessed the damages at the sum of $1,386. The plaintiff filed exceptions to the commissioners’ report, and thereby among other things demanded a jury' for the assessment of damages, and at the same time prosecuted an appeal to the circuit court. That court, after hearing the evidence…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
3Cited by10 opinions
- Kansas City v. VineyardSupreme Court of Missouri · 1895
- Rothan v. St. Louis, Oak Hill & Carondelet Railway Co.Supreme Court of Missouri · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908
- Chicago, Santa Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1893
- United States v. HessCourt of Appeals for the Eighth Circuit · 1934
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