Welsh v. Chicago, Burlington & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. GK D. Burgess, Judge. The facts are stated in the opinion. I. The evidence shows a valid -condemnation of the right of way in 1870; that defendant’s predecessor then entered upon the land and commenced the construction ©f its railroad: that work was suspended at request of plaintiff, who then “ agreed to firnish the grading over said land ” at a stipulated price, and that when this agreement was made “a part of the grading had already…
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Appeal from Linn Circuit Court, Hon. GK D. Burgess, Judge. The facts are stated in the opinion. I. The evidence shows a valid -condemnation of the right of way in 1870; that defendant’s predecessor then entered upon the land and commenced the construction ©f its railroad: that work was suspended at request of plaintiff, who then “ agreed to firnish the grading over said land ” at a stipulated price, and that when this agreement was made “a part of the grading had already been done and a culvert put in.” The right to enter and actual entry being shown, the defendant’s second declaration, that…
1Opinion of the CourtHall, J.
The petition in this case is very similar to the petition in the case of Combs v. Smith, Receiver (78 Mo. 32). It alleges that Lovisa Welsh is the wife of James Welsh, and that the defendant is a railroad corporation created and existing under the laws of the states of Missouri and Iowa. It then alleges that, on or about the “-day of September, 1881, the said defendant by its agents, servants and employes, with force and arms and without leave and wrongfully, entered upon the following described land and premises situate in the county of Linn and state of Missouri, to-wit: Fifteen (15) acres…
2Cases cited4 opinions
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
- Combs v. SmithSupreme Court of Missouri · 1883
- State v. CulverSupreme Court of Missouri · 1877
- Missouri Institute for the Education of the Blind v. HowSupreme Court of Missouri · 1858
3Cited by8 opinions
- McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Hannibal & St. Joseph Railroad v. TotmanSupreme Court of Missouri · 1899
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889
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