Dickey v. Tennison
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action in the nature of an action of trespass quare clausum fregit. The defendant justified under an act of the legislature, approved December 8, 1855, (see Sess. Acts, 1855, Adj. Sess. p. 456,) authorizing him to open and keep open a neighborhood road in Washington county. The proceedings under said act were adduced in evidence by the defendant.
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Appeal from Washington Circuit Court. This was an action in the nature of an action of trespass quare clausum fregit. The defendant justified under an act of the legislature, approved December 8, 1855, (see Sess. Acts, 1855, Adj. Sess. p. 456,) authorizing him to open and keep open a neighborhood road in Washington county. The proceedings under said act were adduced in evidence by the defendant. The court instructed the jury that said special act was constitutional, and if complied with it was a justification of the alleged trespass. I. The road which was authorized by the act was not a…
1Opinion of the CourtScott, Judge
Our constitution provides that no private property ought to be taken or applied to public use without just compensation. Whilst this provision recognized the right of eminent domain in the state for the public use, there is nothing which sanctions the doctrine that the property of individuals may be taken for private use with or without compensation. Such a right would be hostile to the existence of private property. If one individual could by law be compelled to transfer his property to another against his will, a great stimulant to the acquisition of wealth, which contributes so much to the…
2Cited by26 opinions
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- Varner v. MartinWest Virginia Supreme Court · 1883
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Arnsperger v. CrawfordCourt of Appeals of Maryland · 1905
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