Dulany v. Missouri Pacific Railroad

NUGENT, Presiding Judge.

Plaintiffs James E. and Marinelle Dulany appeal from the trial court’s decisions granting summary judgment to the defendant Missouri State Highway and Transportation Department and granting defendant Missouri Pacific Railroad’s motion to dismiss.

We reverse in part and affirm in part.

In July, 1977, plaintiffs James E. and Marinelle Dulany purchased a thirteen acre tract of real property in the 5300 block of Noland Road, part of which formerly had been owned by Maud and Manson Hobbs. In 1946, while the Hobbses owned the property, the Missouri Pacific filed a condemnation…