Legal Opinion

Provolt v. Chicago, Rock Island & Pacific Railroad

Supreme Court of Missouri

Decided August 15, 1874PublishedCited by 47 opinions

Appeal from Clinton Ciromt Court. I. The Chicago & Southwestern Railway Company entered on the land in controversy, and made costly,valuable and permanent improvements thereon with the full knowledge of respondent who made no complaint until the commencement of this suit.

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Appeal from Clinton Ciromt Court. I. The Chicago & Southwestern Railway Company entered on the land in controversy, and made costly,valuable and permanent improvements thereon with the full knowledge of respondent who made no complaint until the commencement of this suit. The respondent, cannot now, after he has permitted said company to'expend large sum sof money thereon,and the public to acquire important interests in the road as a line of commerce and an established mail route, assert bis right bjr ejectment or in any mode which will interrupt the continued operation of the road. (McAuiey…

1Opinion of the CourtWagNEr, Judge

This was an action of ejectment to obtain possession of a part of a lot in the town of Cameron, upon which, the Chicago and Southwestern Eailway had constructed its road.

The defendant in its answer alleged, that during the years 1870 and 1871, the company located and constructed its road over the land described in the petition, and on the 23rd day of February, 1871, commenced the necessary proceedings in the Circuit Court to obtain the right of way over said land ; that commissioners were appointed to assess the damages sustained by the plaintiff by reason of the appropriation of the land to…

2Cases cited2 opinions

  1. McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
  2. Walther v. WarnerSupreme Court of Missouri · 1857

3Cited by47 opinions

  1. Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
  2. Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
  3. Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
  4. City of St. Louis v. HillSupreme Court of Missouri · 1893
  5. T. & St. Louis E. E. Co. v. JarrellTexas Supreme Court · 1883

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