Henry Gaus & Sons Manufacturing Co. v. St. Louis, Keokuk & Northwestern Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The Missouri Contitution, 1875, article 2, section 21, requires compensation to be paid in advance to owners for such damages to property as were previously considered consequential, and included therein damages to property caused by construction of steam railroads in streets.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The Missouri Contitution, 1875, article 2, section 21, requires compensation to be paid in advance to owners for such damages to property as were previously considered consequential, and included therein damages to property caused by construction of steam railroads in streets. Lude v. St. Louis, 93 Mo. 416; Chicago v. Taylor, 125 U. S. 161; Railroad v. Ayres, 106 Ill. 518; Dupuis v. Railroad, 115 Ill. 97; Railroad v. Loeb, 118 Ill. 208; Railroad v. Bo%oman, 122 Ill. 595; Railroad v. Moore, 124 Ill. 329; Railroad v.…
1Opinion of the CourtMacearlane, J.
This suit is to enjoin defendant from laying a track and operating a railroad laterally along Main street in the City of St. Louis in front of the property of plaintiff until compensation for damages thereto should be ascertained and paid. Upon a trial in the circuit court, plaintiff’s petition was dismissed and they appealed. A preliminary injunction which was granted at the beginning of the suit was dissolved, and the road had been built and was in use when the case was tried..
The petition charged, and the evidence showed that Main street is, and for many years has been an improved, graded,…
2Cases cited7 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
- Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Osborne v. Missouri Pacific Railway Co.Supreme Court of the United States · 1893
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
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