Quayle v. M., K. & T. Railway Co.
Supreme Court of Missouri
Appeal from Randolph Circuit Court. I. The report of the commissioners appointed to assess the damages on plaintiff’s land is not valid and binding. Where an act requiring the exercise of judgment is to be performed by a board of commissioners, it must affirmatively appear that all of said commissioners, acted and exercised their judgment and influence in the premises. (Ex parte Rogers, 7 Cow. 530, note ; Wood vs. Phelps Co. Court, 28 Mo. 119.) II.
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Appeal from Randolph Circuit Court. I. The report of the commissioners appointed to assess the damages on plaintiff’s land is not valid and binding. Where an act requiring the exercise of judgment is to be performed by a board of commissioners, it must affirmatively appear that all of said commissioners, acted and exercised their judgment and influence in the premises. (Ex parte Rogers, 7 Cow. 530, note ; Wood vs. Phelps Co. Court, 28 Mo. 119.) II. In proceedings for the condemnation of private property, the statute for that purpose must be strictly complied with, and unless the proceedings…
1Opinion of the CourtNorton, Judge
This is an action of ejectment brought by plaintiff to recover a ■ tract of land in Randolph county, upon which the railroad of defendant had been constructed.
The Missouri, Kansas and Texas Railroad Company, in its separate answer, alleges that its co-defendant in March, 1872, commenced proceedings before the judge of the circuit court of Randolph county to obtain the right of way over the lands sued for; that on the 16th of March, 1872, a petition was presented to said judge for that purpose, of which due notice had been given plaintiff; that three commissioners were appointed to view the…
2Cases cited6 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
- Moore v. WingateSupreme Court of Missouri · 1873
- Anderson v. City of St. LouisSupreme Court of Missouri · 1871
- Shaffner v. City of St. LouisSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Ballard v. City of CharlotteSupreme Court of North Carolina · 1952
- Wilson v. Union Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1932
7 more not listed; retrieve them via the Exa API.