St. Joseph & Iowa Railroad v. Shambaugh
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Hon. O. M. Spencer, Judge. It was proper for the St. Joseph & Iowa Railroad Company, in appropriating lands for its right of way, to proceed in the manner provided by its charter, which is a special proceeding before the judge, and does not admit of a jury.
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Appeal from DeKalb Circuit Court. — Hon. O. M. Spencer, Judge. It was proper for the St. Joseph & Iowa Railroad Company, in appropriating lands for its right of way, to proceed in the manner provided by its charter, which is a special proceeding before the judge, and does not admit of a jury. Railroad ¶. Morton, 20 Mo. 70 ; s. a., 27 Mo. 317; Railroad ». Rowland, 29 Mo. 337; Lindell’s Adrrir v. Railroad, 36 Mo. 543; Railroad v. Gott, 25 Mo. 540 ; Lewis on Eminent Domain, sec. 248 ; Corey v. Railroad, 100 Mo. 282. And .the provisions of the charter, with respect to such proceedings, were…
1Opinion of the CourtBlack, J.
The plaintiff railroad company commenced this proceeding on August 5, 1885, to condemn property for a right of way. The circuit judge by a vacation order appointed viewers to assess damages, no notice of the application having been given. The viewers, however, gave defendant notice of the time *564when they would view the property and make the assessment. To their report the defendant filed exceptions which the court overruled. The court, however, ordered a jury to reassess the damages. From the verdict of the jury and judgment thereon both parties appealed. The two appeals are docketed as two…
2Cases cited9 opinions
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- State ex rel. Circuit Attorney of Tenth Judicial Circuit v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1871
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Granby Mining & Smelting Co. v. RichardsSupreme Court of Missouri · 1888
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3Cited by22 opinions
- City of Los Angeles v. OliverCalifornia Court of Appeal · 1929
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- City of Indianapolis v. NavinIndiana Supreme Court · 1897
- Smith v. Indianapolis Street Railway Co.Indiana Supreme Court · 1902
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
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