Walther v. Warner
Supreme Court of Missouri
Error to Cole Circuit Court. I. The court should have sustained the motions to strike out so much of defendants’ original answer as justified the entry upon and taking the land by virtue of the “ act to incorporate the Pacific Railroad,” approved March 12th, 1849 ; the “ act to expedite the construction of the Pacific Railroad and the Hannibal and St. Joseph Railroad,” approved February 22d, 1851; the act to amend the act entitled “ An act to incorporate the Pacific…
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Error to Cole Circuit Court. I. The court should have sustained the motions to strike out so much of defendants’ original answer as justified the entry upon and taking the land by virtue of the “ act to incorporate the Pacific Railroad,” approved March 12th, 1849 ; the “ act to expedite the construction of the Pacific Railroad and the Hannibal and St. Joseph Railroad,” approved February 22d, 1851; the act to amend the act entitled “ An act to incorporate the Pacific Railroad,” approved March 1st, 1851, and the “ act to authorize the formations of railroad associations and to regulate the…
1Opinion of the CourtLeonard, Judge
The questions in the present case relate to the proper construction of our constitutional provision prohibiting private property from being taken for public use without a just compensation. We have remarked, in an opinion delivered at the present term, (Newby v. Platte co., ante p. 258,) what in deed seems to be unquestionable, that there is in this provision an implied prohibition against'the taking of private property for any purpose other than for public use. And, accordingly, the particular questions to which our attention is now called are whether the use of the plaintiff’s property by…
2Cases cited3 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Smith v. HelmerNew York Supreme Court · 1849
- State ex rel. Naylor v. HardingIndiana Supreme Court · 1841
3Cited by31 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- City of St. Louis v. HillSupreme Court of Missouri · 1893
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
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