Mississippi River Bridge Co. v. Ring
Supreme Court of Missouri
Appeal from Pike Circuit Court. I. The court had no right to inquire into the value of the property taken from the premises, and to deduct that value from the amount of damages as ascertained by the commissioners. (Brainard vs. Olapp, 10 Cnsh., 6.) II. The court is not authorized to fix the amount of compensation upon hearing the testimony. The court can only affirm or set aside the report. (Wagn. Stat., 328, § 4; Han. Bridge Co. vs. Schaubacker, 49 Mo., 555.) III.
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Appeal from Pike Circuit Court. I. The court had no right to inquire into the value of the property taken from the premises, and to deduct that value from the amount of damages as ascertained by the commissioners. (Brainard vs. Olapp, 10 Cnsh., 6.) II. The court is not authorized to fix the amount of compensation upon hearing the testimony. The court can only affirm or set aside the report. (Wagn. Stat., 328, § 4; Han. Bridge Co. vs. Schaubacker, 49 Mo., 555.) III. As to general principles of condemnation, under statute of New York, see Troy & Boston R. R. vs. North. Turnp. Co., 16 Barb.,…
1Opinion of the CourtWagner, Judge
This was a proceeding by the plaintiff, a duly organized corporation under the laws of this State, to condemn land for the approaches to its bridge. By its counsel it presented its petition to the judge of the Circuit Court, for the appointment of commissioners, and commissioners being appointed in pursuance of law, they entered upon the discharge of their duties. After viewing the land sought to be taken, they awarded to the defendant $2,500 as damages sustained by him.
In due time after the report was filed.plaintiff filed exceptions to the same, because, 1st. The damages were excessive and…
2Cases cited2 opinions
- Hannibal Bridge Co. v. SchaubackerSupreme Court of Missouri · 1872
- St. Louis & St. Joseph Railroad v. RichardsonSupreme Court of Missouri · 1870
3Cited by31 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
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