State ex rel. St. Louis, Kansas City & Colorado Railroad v. Rombauer
Supreme Court of Missouri
Prohibition. (1) A proceeding by a railroad company to condemn land for right of way purposes involves the title to real estate and therefore this court has appellate jurisdiction. Musick v. Railroad, 114 Mo. 309; Railroad v. Lewright, 113 Mo. 660. (2) The right so acquired by the road is not only an interest in the land, but is also an exclusive right to its possession. Railroad v. Peet, 152 Pa.
Read the full summary
Prohibition. (1) A proceeding by a railroad company to condemn land for right of way purposes involves the title to real estate and therefore this court has appellate jurisdiction. Musick v. Railroad, 114 Mo. 309; Railroad v. Lewright, 113 Mo. 660. (2) The right so acquired by the road is not only an interest in the land, but is also an exclusive right to its possession. Railroad v. Peet, 152 Pa. St. 488; Railroad v. McGrew, 104 Mo. 282; Railroad v. Greve, 17 Minn. 322; Railroad v. Combs, 51 Ark. 328; Henry v. Railroad, 2 Iowa, 301.
1Opinion of the CourtMacearlane, J.
On the petition of relator a rule on respondents, as the judges of the St. Louis court of appeals, was ordered, requiring them to show cause why they should not be prohibited from entertaining jurisdiction of an appeal from the Eranklin circuit court, in the case of Joseph 1\ Perkins against relator, the St. Louis, Kansas City and Colorado Railroad-1 Company. Respondents- have made return to the rule. Upon the pleadings relator asks that the writ of prohibition be made absolute.
It appears from the pleadings that, by proceedings regularly had, relator obtained a judgment of the circuit court…
2Cases cited2 opinions
- Musick v. Kansas City, Springfield & Memphis Railway Co.Supreme Court of Missouri · 1893
- St. Louis, Kansas City & Colorado Railroad v. LewrightMissouri Court of Appeals · 1891
3Cited by22 opinions
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Springfield Southwestern Railway Co. v. SchweitzerSupreme Court of Missouri · 1912
- Balz v. NelsonMissouri Court of Appeals · 1903
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
17 more not listed; retrieve them via the Exa API.