St. Louis, Keokuk & Northwestern Railway Co. v. Clark
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is not true as stated in instruction number 1 given for respondents that “the railroad company is entitled to the exclusive possession and control of its right of way across Clark’s land; and neither Clark nor any one claiming said land, or any part thereof, has a right to cross said railroad tracks, except upon a street or alley.”
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is not true as stated in instruction number 1 given for respondents that “the railroad company is entitled to the exclusive possession and control of its right of way across Clark’s land; and neither Clark nor any one claiming said land, or any part thereof, has a right to cross said railroad tracks, except upon a street or alley.” The appellant railroad company acquires only an easement in the strip of land in question — the right to use it for railroad purposes. To the extent that the use of the land is necessary…
1Opinion of the CourtMaceahlaNE, J.
This is a proceeding to condemn a right of way, for the railroad of plaintiff, fifty feet wide, through a tract of about thirty-eight acres of land lying: within and near the northern limits of the city of St. Louis, belonging to defendant Clark. The tract is a parallelogram fronting on the Mississippi river about one thousand feet and extending back west from the river about one thousand, seven hundred feet to within about ninety feet of Hall street. The river front, extending back west about four hundred and forty-six feet, was used by Clark as a wharf. The river front both north and south…
2Cases cited21 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
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3Cited by89 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- Texas Power & Light Company v. ColeTexas Supreme Court · 1958
- Collier v. Merced Irrigation DistrictCalifornia Supreme Court · 1931
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
- Gulf Coast Irrigation Co. v. GaryTexas Supreme Court · 1929
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