Autenrieth v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. William W. Edwards, Judge. The plaintiffs’ petition, having failed to allege the obstruction or interference with either a public highway or a private way, did not state facts sufficient to constitute a cause of action. There was not sufficient evidence to show an adverse user, from which a dedication to the public could be presumed. Brinde v. Collier, 56 Mo. 161; Irwin v. Dixon, 9 How. 10; Dill. Mun.
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Appeal from the St. Charles Circuit Court. — Hon. William W. Edwards, Judge. The plaintiffs’ petition, having failed to allege the obstruction or interference with either a public highway or a private way, did not state facts sufficient to constitute a cause of action. There was not sufficient evidence to show an adverse user, from which a dedication to the public could be presumed. Brinde v. Collier, 56 Mo. 161; Irwin v. Dixon, 9 How. 10; Dill. Mun. Cor. 604 ; Stacey v. Miller, 14 Mo. 478; Smith v. Railroad, 25 A. & E. R. R. Oas. 208 ; Angelí on Highways, 113 ; Harding v. Loftus, 14 Cal.…
1Opinion of the CourtBiggs, J.
The record in this case shows that, in 1.881, the defendant constructed its railroad through St. Louis county; that the defendant secured the right of way for its road through the lands of Mrs. Keating, and those of Peter Huthmacher, adjoining on the east, and that the defendant’s road was constructed through these lands from east to west. There was a public road running east and west along the north line of Mrs. Keating’s and Huthmacher’s land. The plaintiffs owned a farm south of Mrs. Keating’s and Huthmacher’s land, *257and situated in the bend of the Merameo river,, and the only outlet from…
2Cases cited7 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Brown v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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3Cited by9 opinions
- Sanford v. KernSupreme Court of Missouri · 1909
- Mondelli v. Saline Sewer Co.Missouri Court of Appeals · 1982
- Power v. DeanMissouri Court of Appeals · 1905
- Strong v. SperlingMissouri Court of Appeals · 1918
- Paddock v. SomesMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.