St. Joseph Terminal Railroad v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Host. A. M. Woodsow, Special Judge. (1) It must be borne in mind that the courts apply the strictest rules of construction -in ascertaining the rights of parties in proceeding under a statute delegating the power of eminent domain. Corporations take nothing as against the king, the state, or the public, by implication. City v. Railroad, 13 Mo.
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Appeal from Buchanan Circuit Court. — Host. A. M. Woodsow, Special Judge. (1) It must be borne in mind that the courts apply the strictest rules of construction -in ascertaining the rights of parties in proceeding under a statute delegating the power of eminent domain. Corporations take nothing as against the king, the state, or the public, by implication. City v. Railroad, 13 Mo. App. 530; Raitroad ®. Marion Co., 36 Mo. 303. Everything is essential which the law has said should be done, before this high prerogative right can be carried out and enforced. Leslie case, 47 Mo. 477; Anderson v.…
1Opinion of the CourtBlaok, J.
The plaintiff, a railroad corporation organized under the laws of this state, commenced these proceedings in the circuit court of Buchanan county to condemn property of divers persons and corporations for .a right of way. The defendants, The Hannibal & St. Joseph Railroad Company and The Kansas City, St. Joseph & Council Bluffs Railroad Company, appeared pursuant to notice, and made numerous objections. They first insisted that Mr. Woodson, who was presiding and holding the court as special judge, had no warrant or authority in law to hold the court; that his election as a special judge by…
2Cases cited6 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- City of Savannah v. HancockSupreme Court of Missouri · 1886
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Lind v. ClemensSupreme Court of Missouri · 1869
- Strickler v. TracySupreme Court of Missouri · 1877
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3Cited by30 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Weir Ex Rel. Weir v. BruneSupreme Court of Missouri · 1953
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
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