Joplin & Western Railway Co v. Kansas City
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The remedy by injunction was clearly available to the plaintiff on principles of equity jurisprudence. Story, Eq. Jur., sec. 927; Osborn v. Bank, 9 Wheat. 740; Croton Turnpike Co. v. Ryder, 1 Johns. Ch. 611; Railroad v. Railroad, 12 Phila. 642, Contra, Railroad v. Moss, 23 Cal. 328; Boston & L. R. Gorp.v.
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Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The remedy by injunction was clearly available to the plaintiff on principles of equity jurisprudence. Story, Eq. Jur., sec. 927; Osborn v. Bank, 9 Wheat. 740; Croton Turnpike Co. v. Ryder, 1 Johns. Ch. 611; Railroad v. Railroad, 12 Phila. 642, Contra, Railroad v. Moss, 23 Cal. 328; Boston & L. R. Gorp.v. Salem & L. R. Co., 2 G-ray, 27. (2) The prior right to particular land attaches to the company which first actually surveys and adopts a route and files its survey according to law. Pierce on Railroads, 157; 2 Wood on R’ys,…
1Opinion of the CourtMacfarlane, J.
This is a suit in equity to enjoin the defendant from constructing its railroad over a strip of land twenty-five feet wide through the west half of the southwest quarter of section 15, township 27, range 33, in Jasper county.
The proceedings and evidence show that plaintiff and defendant, both railroad corporations, were locating and constructing lines of railroad from Joplin to a mining district located in a southerly direction and about four miles therefrom. The Empire Zinc Company owned the tract of land above described, and had thereon extensive mills for reducing lead and zinc ore. Each…
2Cases cited2 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Pacific Railroad v. BurgerSupreme Court of Missouri · 1862
3Cited by11 opinions
- Sutliff v. MontgomeryMissouri Court of Appeals · 1906
- Chicago, Burlington & Quincy Railroad v. McCooeySupreme Court of Missouri · 1917
- Wabash Railroad v. SweetMissouri Court of Appeals · 1904
- Laumeier v. SammelmannMissouri Court of Appeals · 1925
- State Ex Rel. Hermann v. GreenMissouri Court of Appeals · 1934
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