Cape Girardeau & Chester Railroad v. Blechle
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. Charles A. Killian, Judge. ' (1) The testimony of Popp, that he owned land in the same general neighborhood with defendant’s land, and similar to it in its availability for town or residence lots, and that its availability for said purpose was destroyed by the building- of the Chester, Perryville and Ste.
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Appeal from St. Francois Circuit Court. — Hon. Charles A. Killian, Judge. ' (1) The testimony of Popp, that he owned land in the same general neighborhood with defendant’s land, and similar to it in its availability for town or residence lots, and that its availability for said purpose was destroyed by the building- of the Chester, Perryville and Ste. Genevieve Railroad through the same a few years before, was competent and relevant evidence and should not have been stricken but by the court on plaintiff’s motion. In re Establishment of' Boulevard, 127 Mo. 417; Railroad v. Brick Go., 198 Mo.…
1Opinion of the CourtFerriss, J.
— The plaintiff filed a petition in ordinary form, on November 8, 1906-, to condemn a right of way through defendant’s farm in Perry county. Commissioners were duly appointed by the court to view the land, and assessed defendant’s damages at $1415. This sum was paid into court by the plaintiff, and was received by the defendant, and plaintiff took possession of the land for its railroad. Afterwards plaintiff filed written exceptions to the report of the commissioners, alleging that the amount awarded was excessive and demanding a trial by jury. Said trial was had, resulting in a verdict…
2Cases cited14 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Preston v. WalkerSupreme Court of Iowa · 1868
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
- Fountain v. WestSupreme Court of Iowa · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State Ex Rel. State Highway Commission v. Vorhof-Duenke Co.Supreme Court of Missouri · 1963
- Kansas City & Grandview Railway Co. v. HaakeSupreme Court of Missouri · 1932
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- State Ex Rel. Missouri Highway & Transportation Commission v. HorineSupreme Court of Missouri · 1989
- City of St. Louis v. SchoppSupreme Court of Missouri · 1930
17 more not listed; retrieve them via the Exa API.