Galbraith v. Prentice
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. (1) It is the well-settled law of this State that in. proceedings of this character the jury should consider in favor of a railroad company those benefits, if any, which are immediate and direct to the owner’s land, arising from the construction of the road. Railroad v. Baker, 102 Mo. 553. The same rule applies where land is taken for highway.
Read the full summary
Appeal from Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. (1) It is the well-settled law of this State that in. proceedings of this character the jury should consider in favor of a railroad company those benefits, if any, which are immediate and direct to the owner’s land, arising from the construction of the road. Railroad v. Baker, 102 Mo. 553. The same rule applies where land is taken for highway. Bennett v. Woody, 137 Mo. 377, 38 S. W. 972; Zeibold v. Foster, 118 Mo. 349, 24 S. W. 155. (2) Appellant’s twenty-third assignment of error is based upon the action of the circuit court in…
1Opinion of the CourtGoode, J.
This is an appeal from a judgment assessing damages in favor of the appellant Prentice for the opening of a public road through his farm. The regularity of the preliminary proceedings in regard to the opening of the road, publication of notices and such matters, is not in question. Prentice filed a remonstrance in the county court against opening the road along the line proposed by the petition on the ground that it would extend diagonally across eighty acres of his land and work irreparable injury to him; whereas if it followed the line of the government survey as required by the statutes…
2Cases cited4 opinions
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- Bell v. County CourtMissouri Court of Appeals · 1895
- Strahan v. County CourtSupreme Court of Missouri · 1877
- Forsyth v. HeegeMissouri Court of Appeals · 1895
3Cited by2 opinions
- Howell v. Jackson CountySupreme Court of Missouri · 1914
- State ex rel. Galbraith v. McCutchanMissouri Court of Appeals · 1906