Quantock v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The demurrer, even under defendant’s construction of the statute, ought not to have been sustained.- Both tracts of land belonged to the same owner, and constituted parts of one farm, at the time the railroad was constructed. The condition making the farm crossing necessary was brought about by the construction of the railroad through the farm.
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Transferred from Kansas City Court of Appeals. (1) The demurrer, even under defendant’s construction of the statute, ought not to have been sustained.- Both tracts of land belonged to the same owner, and constituted parts of one farm, at the time the railroad was constructed. The condition making the farm crossing necessary was brought about by the construction of the railroad through the farm. No greater hardship will result to it on account of building the crossing for plaintiff than from building it for the original owner. The rule should work both ways. If defendant is to be excused from…
1Opinion of the CourtValliant, J.
Plaintiff sues to recover damages for the failure of the defendant railroad company to build and maintain a farm crossing over its track and right of way to connect plaintiff’s lands which lie on both sides of the railroad.
The facts of the case are as follows:
In 1873 both tracts of land now owned by the plaintiff constituted one tract, and it was owned by one George W. Ward. The defendant company in that year built its railroad through the tract, cutting it into two parts, and built a farm crossing over its track to connect the parts so severed and maintained the crossing until 1884, when…
2Cases cited2 opinions
- Stumpe v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Quantock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
3Cited by3 opinions
- State ex rel. O'Shea v. Farmers' Irrigation DistrictNebraska Supreme Court · 1915
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
- Price v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1908