Kansas City Suburban Belt Railroad v. Norcross
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in admitting testimony regarding the feasibility of the proposed roadway, in permitting the map, exhibit 11 A,” to be introduced in evidence, which map was not a faithful representation of the land either at the time the land was taken or at the trial, and was based wholly upon the imaginations and conjectures of defendants, and in allowing certain witnesses to testify to the value of the lands…
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in admitting testimony regarding the feasibility of the proposed roadway, in permitting the map, exhibit 11 A,” to be introduced in evidence, which map was not a faithful representation of the land either at the time the land was taken or at the trial, and was based wholly upon the imaginations and conjectures of defendants, and in allowing certain witnesses to testify to the value of the lands with the proposed road located over them. Goodwin v. Evans, 33 N. E. Rep. 1031; Fleming v. Railroad, 34 Iowa, 353;…
1Opinion of the CourtRobinson, J.
This is a proceeding by condemnation to subject certain real estate of defendants’ in Kansas City to the public use of a right of way for the plaintiff railway company. After the preliminary steps taken, the commissioners filed with the circuit court of Jackson county their report, to which defendants filed exceptions. The exceptions were sustained and an appraisement duly ordered by a jury. On application of defendants a change of venue was awarded from Jackson to Clay county, where the cause was tried, resulting in a verdict for $7,000 for defendants, and 'plaintiff-appeals.
All exceptions…
2Cases cited4 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Keith v. BinghamSupreme Court of Missouri · 1889
- Barry v. OttoSupreme Court of Missouri · 1874
- Crow v. MarshallSupreme Court of Missouri · 1852
3Cited by11 opinions
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- State Ex Rel. State Highway Commission v. YoungSupreme Court of Missouri · 1929
- Public Water Supply District No. 2 of Jackson County v. Alex Bascom Co.Supreme Court of Missouri · 1963
- Harrison v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
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