St. Louis Belt & Terminal Railway Co. v. Cartan Real Estate Co.
Supreme Court of Missouri
Appeal from Franklin- Circuit Court. — Hon. W. A. Davidson, Judge. (1) The court committed prejudicial error in excluding the evidence of witness Rapp, a qualified expert, as to the value of building stone in a quarry, thus excluding from the consideration of the jury damages to the extent of many thousands of dollars sustained' by appellant. There was no other evidence produced, or, under the court’s ruling, could have been produced.
Read the full summary
Appeal from Franklin- Circuit Court. — Hon. W. A. Davidson, Judge. (1) The court committed prejudicial error in excluding the evidence of witness Rapp, a qualified expert, as to the value of building stone in a quarry, thus excluding from the consideration of the jury damages to the extent of many thousands of dollars sustained' by appellant. There was no other evidence produced, or, under the court’s ruling, could have been produced. (2) The court committed palpable error in excluding all the evidence of William Baggot as to value of the land of appellant, and the depreciation thereof by the…
1Opinion of the CourtGantt, J.
This is an appeal from the circuit' court of Franklin county in a condemnation proceeding wherein the plaintiff sought to condemn a right over and through a certain tract of land situate in the county of St. Louis and known locally as the Cartan tract, and containing about seventy-four acres. The proposed right of way runs from the northwest corner to the southeast corner. Previous to the commencement of this action defendant had laid off thirteen and forty-four one-hundredths acres as a subdivision, running across the northern end of the tract, into lots. Through this subdivision the St.…
2Cases cited9 opinions
- St. Louis, Keokuk & Northwestern Railroad v. Knapp-Stout & Co.Supreme Court of Missouri · 1901
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Borland v. BarrettSupreme Court of Virginia · 1882
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1899
- Morgan v. RossSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Highway Commission v. ArnoldOregon Supreme Court · 1959
- Prairie Pipe Line Co. v. ShippSupreme Court of Missouri · 1924
- Ross v. Commissioners of the Palisades Interstate ParkSupreme Court of New Jersey · 1917
- State Ex Rel. Chariton River Drainage District v. MontgomerySupreme Court of Missouri · 1955
- State ex rel. State Highway Commission v. MannSupreme Court of Missouri · 1981
3 more not listed; retrieve them via the Exa API.