Gibbons v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Statement of the case by the court. The evidence in this case shows that on the twenty-seventh day of May, 1887, the plaintiff was the owner of a sawmill situated on a lot of ground in the city of Boonville, Missouri, on which he had a lease which had about four years to run; that on the date aforesaid the defendant commenced proceedings in the circuit-court of Cooper county, Missouri, to condemn, for…
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Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Statement of the case by the court. The evidence in this case shows that on the twenty-seventh day of May, 1887, the plaintiff was the owner of a sawmill situated on a lot of ground in the city of Boonville, Missouri, on which he had a lease which had about four years to run; that on the date aforesaid the defendant commenced proceedings in the circuit-court of Cooper county, Missouri, to condemn, for railroad purposes, plaintiff ’ s property; that under the proceedings commissioners were appointed, wrho assessed the damages…
1Opinion of the CourtEllison, J.
The principle which should govern . this case will be found in the opinion delivered in Leisse v. Railroad, 2 Mo. App. 105; s. c., 72 Mo. 561.
*151But it is contended here as a distinction between this and the case cited that here the proceedings were not abandoned. That they were re-instituted and prosecuted to a final condemnation of the property. In this respect this case does differ from the one cited, but the court instructed the jury that, if they believed from the evidence that the damages sustained by plaintiff in the first proceedings were not included in the damages assessed in the…
2Cases cited7 opinions
- Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
- Leisse v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1880
- Snorgrass v. MooreMissouri Court of Appeals · 1888
- State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
- City of Kansas v. StreetCourt of Appeals of Kansas · 1889
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3Cited by13 opinions
- Spencer v. CollinsCalifornia Supreme Court · 1909
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Missouri Court of Appeals · 2004
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Baker v. KellerCalifornia Court of Appeal · 1921
- Center School District No. 58 of Jackson County v. KentonSupreme Court of Missouri · 1961
8 more not listed; retrieve them via the Exa API.