Legal Opinion

Chicago, Santa Fe & California Railway Co. v. McGrew

Supreme Court of Missouri

Decided January 23, 1893PublishedCited by 7 opinions

Appeal from Ray Circuit Court. — Hon. Jas. M. Sandusky, Judge. The defendant was entitled to have the ’ report of the commissioners set aside and a jury trial ordered as a constitutional right. Constitution, art. 12, sec. 4; Stewart v. Baltimore, 7 Md. 500; Bailroad v. Almeroth, 13 Mo. App. 91; Kimbell v. Bailroad, 35 Me. 255; Bailroad v. Story, 96 Mo. 611; People v. McBoberts, 62 111.38; Pursey’s Appeal, 83 Pa. St. 67; Mitchell v. Bailroad, 68 Ill. 286; Turn.

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Appeal from Ray Circuit Court. — Hon. Jas. M. Sandusky, Judge. The defendant was entitled to have the ’ report of the commissioners set aside and a jury trial ordered as a constitutional right. Constitution, art. 12, sec. 4; Stewart v. Baltimore, 7 Md. 500; Bailroad v. Almeroth, 13 Mo. App. 91; Kimbell v. Bailroad, 35 Me. 255; Bailroad v. Story, 96 Mo. 611; People v. McBoberts, 62 111.38; Pursey’s Appeal, 83 Pa. St. 67; Mitchell v. Bailroad, 68 Ill. 286; Turn. Go. v. Burket, 26 Ind. 53; People v. Stewmt, 97 Ill. 123; Isom v. Bailroad, 36 Miss. 300; Bail/road v. Ilock, 118 Ill. 587. The…

1Opinion of the CourtMacfarlaNE, J.

This is a proceeding to condemn a strip of land through a number of lots in the town of Camden, Ray county, belonging to defendant, for right of way of the railroad of plaintiff. Application was made, commissioners appointed and report of commissioners filed, as provided by article 6, chapter 42, Revised Statutes of 1889.

Upon the coming in of the report of the commissioners, plaintiff filed a motion in which was charged that the assessment of the damages was excessive, that the commissioners did not take into consideration the advantages the railroad would be to the remaining land, and that…

2Cases cited4 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
  2. Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
  3. St. Joseph & Iowa Railroad v. ShambaughSupreme Court of Missouri · 1891
  4. Chicago, Santa Fe & California Railway Co. v. MillerSupreme Court of Missouri · 1891

3Cited by7 opinions

  1. Arkansas-Missouri Power Company v. HamlinMissouri Court of Appeals · 1956
  2. Leavenworth Terminal Railway & Bridge Co. v. AtchisonSupreme Court of Missouri · 1897
  3. St. Louis, Iron Mountain & Southern Railway Co. v. PfauSupreme Court of Missouri · 1908
  4. United States v. HessCourt of Appeals for the Eighth Circuit · 1934
  5. Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909

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