Kansas City Interurban Railway Co. v. Nelson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is not necessary to join all persons owning tracts of land along the line of the proposed railroad in one county or circuit, not settled with, as parties defendant in one petition. R. S. 1899, sec. 1267; Railroad v. Railroad, 129 Mo. 70; R. S. 1899, sec. 1161. (2) Sections 1264, .1266 and 1267, Revised Statutes 1899, should he read and construed together.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is not necessary to join all persons owning tracts of land along the line of the proposed railroad in one county or circuit, not settled with, as parties defendant in one petition. R. S. 1899, sec. 1267; Railroad v. Railroad, 129 Mo. 70; R. S. 1899, sec. 1161. (2) Sections 1264, .1266 and 1267, Revised Statutes 1899, should he read and construed together. (3) These sections should he so construed that all may stand if it is possible so to do. Manlier v. Faulhaber, 94 Mo.. 430; Curt-wright v. Crow, 44 Mo. App. 567;…
1Opinion of the CourtBrace, P. J.
— This is an appeal by the plaintiff from a judgment of the Jackson Circuit Court in favor of the defendant, sustaining a demurrer to the plaintiff’s petition in a condemnation proceeding.
The petition and demurrer are as follows:
PETITION.
“The plaintiff states that at the times hereinafter mentioned it was and still is a railroad corporation, duly organized under the laws of the State of Missouri, with principal office in Kansas City, Missouri, with full power and authority to construct, maintain and operate a standard gauge railroad for public use, in the conveyance of persons and property in…
2Cases cited1 opinion
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
3Cited by3 opinions
- State ex rel. Summerson v. GoodrichSupreme Court of Missouri · 1914
- Kansas City Interurban Railway Co. v. DavisSupreme Court of Missouri · 1906
- City of St. Louis v. WatermanSupreme Court of Missouri · 1919