Chicago & Alton Railroad v. Maddox
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) A citizen cannot be deprived of Ms property without due process of law. Const, of U. S., art. 14, sec. 2; Const, of Mo., sec. 21, art. 2. (2) Property cannot be taken, or damaged, for public use, unless compensation be paid. Const, of Mo., sec. 30, art, 2. (3) The establishment of a public highway over a railroad is a taking within the meaning of the constitution.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) A citizen cannot be deprived of Ms property without due process of law. Const, of U. S., art. 14, sec. 2; Const, of Mo., sec. 21, art. 2. (2) Property cannot be taken, or damaged, for public use, unless compensation be paid. Const, of Mo., sec. 30, art, 2. (3) The establishment of a public highway over a railroad is a taking within the meaning of the constitution. Mills on Eminent Domain, sec. 31; 1 Rorer on Railroads, p. 444, sec. 26 ; Railroad v. Plymouth. 14 Cray, 155 ; 1 Redf. on Railways, 400, sec. 13 ; Railroad n.…
1Opinion of the CourtSherwood, J.
The plaintiff had no standing in a court of equity to enjoin the defendants from tearing down its fences in obedience to the order of the court lawfully issued. If, as is alleged in the reply, the commissioners appointed for the purpose of assessing damages, assessed none to plaintiff, and made no report on the subject of plaintiff’s damages, this furnishes no ground for the interposition of a court of equity, for the reason that the statute affords a remedy by granting an appeal; the rule being, as has so often been announced by this court, that, where the law affords a remedy ample and…
2Cases cited3 opinions
- Bobb v. GrahamSupreme Court of Missouri · 1886
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- Kelly v. HurtSupreme Court of Missouri · 1881
3Cited by8 opinions
- Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Spurlock v. DornanSupreme Court of Missouri · 1904
- Sills v. GoodyearMissouri Court of Appeals · 1899
- Monroe v. CrawfordSupreme Court of Missouri · 1901
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