Louisiana & Frankford Plank Road Co. v. Pickett
Supreme Court of Missouri
Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. The “just compensation” to which the defendant was entitled was the value of the land taken without regard to any supposed advantages of the road to the defendant. (Constitution, art. 13, § 7.) II. This value should be assessed by a jury of twelve men. III.
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Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. The “just compensation” to which the defendant was entitled was the value of the land taken without regard to any supposed advantages of the road to the defendant. (Constitution, art. 13, § 7.) II. This value should be assessed by a jury of twelve men. III. The proceedings are also erroneous and void because they do not show what quantity of land has been taken for the road; how wide a strip of how long ; or where it enters or leaves the quarter section ; nor is there any description separating it…
1Opinion of the CourtNapton, Judge
The application of the Plank Road Company to the justice, in this case, stated that the road, as surveyed and located by their engineer and adopted by their board of directors, ran over the defendant’s land, and the quarter section occupied and owned by the defendant is particularly described; but the exact route of the road is not specified any further than by reference to the survey of the engineer, which was not made a part of the petition nor filed with the papers.
In the circuit court, to which the case ultimately went by appeal, a jury of five men was ordered, and it was agreed that…
2Cases cited1 opinion
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by9 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Kansas City v. SmartSupreme Court of Missouri · 1895
- Swarz v. RamalaSupreme Court of Kansas · 1901
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
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