Shelby County Railway Co. v. Crawford
Supreme Court of Missouri
Appeal from Randolph Circuit Court.— Hon. Wm. H. Martin, Special Judge. (1) The evidence offered by plaintiff as to its plan of construction of its railway over the land of defendant was proper. The court should have admitted same so that the jury could have the whole matter before them in arriving at the amount of damage sustained.
Read the full summary
Appeal from Randolph Circuit Court.— Hon. Wm. H. Martin, Special Judge. (1) The evidence offered by plaintiff as to its plan of construction of its railway over the land of defendant was proper. The court should have admitted same so that the jury could have the whole matter before them in arriving at the amount of damage sustained. Railroad v. Clark, 119 Mo. 357; 121 Mo. 195. (2) The tender of the crossing under the railway track. of plaintiff was competent and its exclusion by the court was prejudicial to the rights of plaintiff. The refusal to permit such a tender to be made is contrary to…
1Opinion of the Court
BLAIR, C.
— This is a proceeding instituted in the circuit court of Shelby county by the Shelby County Railway Company to condemn a right of way across certain lands.
The commissioners awarded damages to respondent, in the sum of two hundred and seventy dollars. The railway company paid the money into court and proceeded with the construction of its road. Respondent filed exceptions and, on change of venue to Randolph county, obtained judgment for seven hundred and fifty dollars, from which this appeal is prosecuted.
The errors assigned relate to the admission and exclusion of evidence, the…
2Cases cited6 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- State v. DouglassSupreme Court of Missouri · 1883
- State ex rel. Farwell v. LelandSupreme Court of Missouri · 1884
- Seibert v. HatcherSupreme Court of Missouri · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Holzemer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- Bank of Slater v. Union Station BankSupreme Court of Missouri · 1920
- City Water Company v. HunterSupreme Court of Missouri · 1928
- Williams v. WilliamsSupreme Court of Missouri · 1914