St. Louis, Iron Mountain & Southern Railway Co. v. Stewart
Supreme Court of Missouri
Appeal from Barton Circuit Court — Hon. H. G. Tww monds, Judges (1) The court erred in refusing to permit plaintiff to prove special benefits to defendant’s farm, arising from the construction of the railroad, and the location of a station on the adjoining forty.
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Appeal from Barton Circuit Court — Hon. H. G. Tww monds, Judges (1) The court erred in refusing to permit plaintiff to prove special benefits to defendant’s farm, arising from the construction of the railroad, and the location of a station on the adjoining forty. Any benefits the location of a station on defendant’s land, or the adjoining forty, would add to the property by way of increased facilities for marketing his farm products and shipping stock, should have been deducted from the damage. The court, therefore, erred in excluding the evidence offered by plaintiff to show that the…
1Opinion of the CourtBurgess, J.
This is an appeal from a judgment in favor of the defendant upon a verdict assessing his damages at the súm of five hundred dollars in a condemnation proceeding instituted by plaintiff in the circuit court of Jasper county for the purpose of *496condemning a right of way through defendant’s farm upon which to construct a railroad. The said farm contained one hundred and sixty acrés.
Commissioners to assess the damages were duly appointed and qualified and upon the 16th day of April, 1903, made their report, in which they assessed defendant’s damages at $300. Thereafter the plaintiff deposited said…
2Cases cited8 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
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