Lee v. Tebo & Neosho Rail Road
Supreme Court of Missouri
Error to Howard Circuit Court. I. The commissioners liad no right to consider any ad vantage that was not special to the land to he condemned ; and they had no right to off-set special dis-advantages by general advantages. (19 Mo., 165.) I. The motion to set aside tbe report of commissioners is addressed to the court. Instructions in such a case are not proper, and the refusal of them cannot be assigned for error.
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Error to Howard Circuit Court. I. The commissioners liad no right to consider any ad vantage that was not special to the land to he condemned ; and they had no right to off-set special dis-advantages by general advantages. (19 Mo., 165.) I. The motion to set aside tbe report of commissioners is addressed to the court. Instructions in such a case are not proper, and the refusal of them cannot be assigned for error. (Conran vs. Sellew, 28 Mo., 320 ; Parker vs. Waugh, 31 Mo., 310.)
1Opinion of the CourtNapton, Judge
This was a proceeding under sections 9 and 10 of the char-' ter of the Tebo and Neosho R. R. Co., (Jany. 16th, I860,) to condemn land of Lee, the plaintiff in error, in Howurd county, over which the said road was laid out.
The Judge of the Circuit Court appointed commissioners, and in the order they were directed to report “ the damages done to the land, or any improvements thereon, by reason of the location of said road, taking into consideration the value of the lands, and the advantages and disadvantages of the *179road and its appurtenances.” The commissioners reported nominal damages merely,…
2Cases cited2 opinions
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Newby v. Platte CountySupreme Court of Missouri · 1857
3Cited by10 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
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