Smith v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. J. P. Grubb, Judge. Plaintiee is the owner of certain vacant lots fronting on Fifth street in St. Joseph, Missouri. He brings this action to recover for damages sustained by the erection of an embankment on which defendant’s railway track is located in that street in front of plaintiff’s lots. Plaintiff became non-suited in the circuit court by reason of the giving of an instruction that he could not recover.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. J. P. Grubb, Judge. Plaintiee is the owner of certain vacant lots fronting on Fifth street in St. Joseph, Missouri. He brings this action to recover for damages sustained by the erection of an embankment on which defendant’s railway track is located in that street in front of plaintiff’s lots. Plaintiff became non-suited in the circuit court by reason of the giving of an instruction that he could not recover. This ruling he here seeks to reverse, his motions to that end having been denied by the trial court. The issues will be apparent without a full…
1Opinion of the CourtBarclay, J.
— Though the railroad company had lawful authority to lay its tracks along the street in question it was yet bound to locate the same in conformity to the grade, so as not unnecessarily to interfere with concurrent use by the public. In the absence of any ordinance establishing a different one, it is to be assumed that the natural level of the soil of the street (when actually used for the purposes of a highway) is intended as the city grade for the time being. So that the laying of the track on an embankment therein, some two or three feet above the natural level, interfering with the right…
2Cases cited1 opinion
- Finney v. BerrySupreme Court of Missouri · 1875
3Cited by14 opinions
- Shelley v. Ozark Pipe Line CorporationSupreme Court of Missouri · 1931
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Jacksonville, Tampa & Key West Railway Co. v. LockwoodSupreme Court of Florida · 1894
- City of Harrisonville, Mo. v. WS Dickey Clay Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Ready v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
9 more not listed; retrieve them via the Exa API.