Ettenson v. Wabash Railroad
Supreme Court of Missouri
Appeal from Olay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The plaintiff is estopped from obtaining the relief sought in this casé by reason of the acts of his grantors in consenting to and really causing the railroad tracks to be laid in the streets in front of the property for railroad purposes, and in donating the ground for the roundhouse, stockyards and depot, and they and plaintiff, by their laches, in consenting to and acquiescing in the occupancy of the…
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Appeal from Olay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The plaintiff is estopped from obtaining the relief sought in this casé by reason of the acts of his grantors in consenting to and really causing the railroad tracks to be laid in the streets in front of the property for railroad purposes, and in donating the ground for the roundhouse, stockyards and depot, and they and plaintiff, by their laches, in consenting to and acquiescing in the occupancy of the streets by the railroad tracks and the operation of the railroad for a great number of years without any objection or…
1Opinion of the CourtBrown, P. J.
Injunction to restrain the obstruction of public streets. From a judgment for plaintiff, defendant appeals.
Plaintiff, a resident of the State of Kansas, owns about sixty unimproved lots in Excelsior Springs, Missouri, a city of 4500 inhabitants. Said lots are worth about $30,000. f
Defendant is a railroad corporation, and owns and operates a steam railroad between St. Louis and Kansas City, Missouri, with a spur about nine miles long connecting its main line with said city of Excelsior Springs.
That part of the city of Excelsior Springs where plaintiff’s town lots are situated was laid out in…
2Cases cited9 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Keeney v. McVoySupreme Court of Missouri · 1907
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Walser v. WearSupreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- Stoutimore v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1923
- Stoutimore v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1923