St. Louis, Iron Mountain & Southern Railway Co. v. Pfau
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The report of the commissioners afforded no standard for measurement of damages by .the jury, but defendant is entitled to a trial de novo by a jury uninfluenced by the opinion of the commissioners.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The report of the commissioners afforded no standard for measurement of damages by .the jury, but defendant is entitled to a trial de novo by a jury uninfluenced by the opinion of the commissioners. Constitution of Missouri, art. 2, sec. 21; art. 12, sec. 4; R. S. 1899, sec. 1268; Railroad v. Roberts, 187 Mo. 316; Wellington v. Railroad, 33. N. E. (Mass.-) 393; Brown v. Railroad, 71 Mass. 35. (2) The mere fact of filing written exceptions by defendant, superseded the report of the commissioners, and entitled defendant to…
1Opinion of the CourtBurgess, J.
— Tbis action was instituted by plaintiff to condemn a right of way over tbe land of defendant in Lawrence county. Tbe petition was filed December 31, 1903, against several landowners, in-*403eluding the defendant. It alleges, in substance, that plaintiff is a railroad corporation; that the White River Railway Company is a corporation, authorized to construct a railroad from Batesville, Arkansas, to Carthage, Missouri; that the latter company made and filed a profile map in the office of the clerk of the county court of Lawrence county, Missouri, and that, after-wards, said company transferred…
2Cases cited16 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- St. Louis & Kansas City Railway Co. v. DonovanSupreme Court of Missouri · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- School District v. Phoenix Land & Improvement Co.Supreme Court of Missouri · 1923
- Arkansas-Missouri Power Company v. HamlinMissouri Court of Appeals · 1956
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- State Ex Rel. State Highway Commission v. DeutschmanSupreme Court of Missouri · 1940
- Kansas City Southern Railway Co. v. Second Street Improvement Co.Supreme Court of Missouri · 1914
6 more not listed; retrieve them via the Exa API.