DeGeofroy v. Merchants Bridge Terminal Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No#. N. D. Wood, Judge. (1) Abutting owners are entitled to compensation for damages to their property, occasioned by the construction and operation of railroads.in public streets, when the railroad is not constructed upon the grade of the street.
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Appeal from St. Louis City Circuit Court. — No#. N. D. Wood, Judge. (1) Abutting owners are entitled to compensation for damages to their property, occasioned by the construction and operation of railroads.in public streets, when the railroad is not constructed upon the grade of the street. Sherlock v. Railroad, 142 Mo. 183; Tate v. Railroad, 64 Mo. 158; Cross v. Railroad, 77 Mo. 322; Smith v. Railroad, 89 Mo. 24; Knapp-Stout & Co. v. Railroad, 126 Mo. 135. (2) Defendant is liable to plaintiffs for the injuries to their abutting property by reason of the construction and maintenance of…
1Opinion of the CourtGrANTT, J.
— This is an action by plaintiffs who are abutting owners of real estate on Front street in the city of St. Louis for damages to their said realty, occasioned by and resulting from the construction and operation of an elevated steam commercial railroad along and over said Front street'in front of plaintiffs’ lotsi In the circuit court a demurrer to the petition was sustained on the ground that it did not state facts sufficient to constitute a cause of action. The propriety of that action by the circuit court presents the sole and only question for our determination at this time.
Omitting…
2Cases cited24 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Southern Railway Co. v. McMenaminSupreme Court of Virginia · 1912
16 more not listed; retrieve them via the Exa API.