State ex rel. State Highway Commission v. Kansas City Southern Railway Co.

ANDREW JACKSON HIGGINS, Special Judge.

Action in eminent domain to acquire lands owned by Kansas City Southern Railway Company for construction thereon by State Highway Commission of a railroad bridge over Interstate Highway 1-435, as ordered by the Missouri Public Service Commission, in which the landowner claimed damages for both taking and severance. Appeal from judgment for condemnation damages as to and affecting landowner’s realty. The question is whether the landowner has a legal right to recover damages. Affirmed.

Both parties excepted to the commissioners’ award, waived jury trial of…