City of Kirksville v. Hines
Supreme Court of Missouri
Appeal from Adair Circuit Court.—Hon. James A. Cooley, Judge. (1) The court erred in sustaining the demurrer, for the reason that Sec. 9258, R. S. 1909, confers express power on the city to make such extension, and Sections 9261 to 9275 prescribe a complete scheme for the condemnation, and said sections comprise authority and the only authority in the statutes- whereby private property may be taken or damaged by a city of the third class for public purposes, (a) And Section…
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Appeal from Adair Circuit Court.—Hon. James A. Cooley, Judge. (1) The court erred in sustaining the demurrer, for the reason that Sec. 9258, R. S. 1909, confers express power on the city to make such extension, and Sections 9261 to 9275 prescribe a complete scheme for the condemnation, and said sections comprise authority and the only authority in the statutes- whereby private property may be taken or damaged by a city of the third class for public purposes, (a) And Section 9262 gives the circuit courts exclusive jurisdiction to hear and determine all such condemnation proceedings, (b)…
1Opinion of the Court
This is a condemnation proceeding instituted by the City of Kirksville in furtherance of its effort to extend one of its streets across the right of way and tracks of the defendant railroad company. The petition, which was filed in the Circuit Court of Adair County December 15, 1919, is as follows:
"To the Honorable Circuit Court of Adair County, Missouri. Our petitioner, in the above entitled cause, respectfully shows to the court and alleges that the defendant, Wabash Railway Company, is a railroad corporation, and has a principal business office at the City of Saint Louis, Missouri, and…
2Cases cited2 opinions
- Kansas City v. HydeSupreme Court of Missouri · 1906
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
3Cited by12 opinions
- Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
- City of Kirkwood v. VenableSupreme Court of Missouri · 1943
- State ex rel. Kansas City Terminal Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1925
- State Ex Rel. Chicago Great Western Railroad v. Public Service CommissionSupreme Court of Missouri · 1932
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
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