Cochran v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. H. G. Timmoncts, Judge. (1) In view of the agreement made by plaintiff, this defendant can be treated as having wrongfully entered upon the strip of land in question. And if plaintiff’s deed to Medlin did not convey this strip, then he would only be entitled to recover damages of the same nature and to the same extent as compensation might be awarded in a condemnation proceeding.
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Appeal from Vernon Circuit Court. — Hon. H. G. Timmoncts, Judge. (1) In view of the agreement made by plaintiff, this defendant can be treated as having wrongfully entered upon the strip of land in question. And if plaintiff’s deed to Medlin did not convey this strip, then he would only be entitled to recover damages of the same nature and to the same extent as compensation might be awarded in a condemnation proceeding. Baker v. Railroad, 57 Mo. 265; Bradley v. Railroad, 91 Mo. 493; McClellan v. Railroad, 103 Mo. 295; Webster v. Railroad, 116 Mo. 114. (2) There was no abandonment of the strip…
1Opinion of the CourtEllison, J.
This action is to recover the value of a strip of land fifty feet wide running across, near the south end of an eighty-acre tract. Plaintiff recovered judgment in the trial court.
It appears that plaintiff was the owner of the eighty acres of land and in possession thereof. That in 1888 a railway corporation known as the Kansas City, Rich Hill and Eldorado Railway Company began the construction of a railway, and for that purpose agreed to pay plaintiff for a right of way, one hundred feet wide, through that and other land, two' hundred and fifty dollars, one-half cash and one-half in six…
2Cases cited7 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Mott v. . MottNew York Court of Appeals · 1877
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Wallis v. St. Louis CountyMissouri Court of Appeals · 1978
- E.D. Mitchell Living Trust v. MurrayMissouri Court of Appeals · 1991
- Wallis v. County of St. LouisMissouri Court of Appeals · 1981