Missouri Pacific Railway Co. v. Schoennen
Missouri Court of Appeals
Error to the dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) (a) The first instruction for defendants is erroneous, in that it does not confine the value of the land taken to the market value. The damages to be awarded should be the market value of the property for any purpose for which it is' adapted, or forwhich.it may be used.
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Error to the dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) (a) The first instruction for defendants is erroneous, in that it does not confine the value of the land taken to the market value. The damages to be awarded should be the market value of the property for any purpose for which it is' adapted, or forwhich.it may be used. Mills on Eminent Domain [2 Ed.] sec. 168; Railroad v. Woodruff, 49 Ark. 381; Railroad v. Jacobs, 110 111. 414; Railroad r>; Railroad, 112 111. 589; Boom Co. v. Patterson, 98 U. S. 403; Bridge Co. v. Ring, 58 Mo. 49; Railroad v. Abell, 18 Mo. App. 637. (5) The…
1Opinion of the CourtEllison, J.
This is a proceeding instituted by the plaintiff to condemn property of the defendants as being necessary for its use as a public corporation. Plaintiff appeals from the damages assessed against it.
The litigation, if we may rely upon the statement in the briefs, has been quite protracted. The evidence produced below is not preserved and our review of errors alleged is confined to the instructions of which complaint is made.
We have examined these and find that there were none refused for either side, objections being only taken to those given for the defendants. If we -were to confine…
Also in this document: Concurrence.
2Cases cited3 opinions
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Porter v. HarrisonSupreme Court of Missouri · 1873
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889