Kansas City, Fort Scott & Southern Railway Co. v. Cox
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gf. Mo Gregor, Judge. (1) The court erred in refusing to hear the evidence offered by plaintiff to show that the report of the commissioners was just and true and that the damages assessed were adequate and sufficient. R. S. 1879, sec. 896; Railroad v. Probate Judge, 14 Am. & Eng. R. R. Oases, 355 ; Railroad v. Voorhees, 14 Am. & Eng.
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Appeal from the Jasper Circuit Court. — Hon. M. Gf. Mo Gregor, Judge. (1) The court erred in refusing to hear the evidence offered by plaintiff to show that the report of the commissioners was just and true and that the damages assessed were adequate and sufficient. R. S. 1879, sec. 896; Railroad v. Probate Judge, 14 Am. & Eng. R. R. Oases, 355 ; Railroad v. Voorhees, 14 Am. & Eng. R. R. Oases, 227; Bridge Co. ©. Ring, 58 Mo., loe. cit. 494. (2) The court erred in calling a jury to fix the amount of damages defendant had sustained without first having set aside the report of the…
1Opinion of the CourtEllison, J.
This is a proceeding to condemn defendant’s lands in Newton county for railway purposes. Three commissioners were appointed by the circuit judge. They made their report on October 12, 1887, and an award of $277.33. Exceptions to this report embodying objections to the amount of defendant’s damages were filed, and a change of venue granted to Lawrence county from whence it was transferred to Jasper county by consent. When the case was called for trial on the exceptions the defendant demanded a jury ; whereupon the railway company offered to introduce testimony to the court without a jury to…
2Cases cited3 opinions
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- City of St. Louis v. LaniganSupreme Court of Missouri · 1888
- City of Kansas v. StreetCourt of Appeals of Kansas · 1889
3Cited by4 opinions
- Arkansas-Missouri Power Company v. HamlinMissouri Court of Appeals · 1956
- Hughes v. MermodSupreme Court of Missouri · 1894
- City of Cheyenne v. EdwardsWyoming Supreme Court · 1914
- Redpath Bros. v. LawrenceMissouri Court of Appeals · 1892