Chicago, Burlington & Quincy Railroad v. Little Tarkio Drainage District No. One
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. William G. Ellison, Judge. (1) The court erred in refusing to order removal of case to Federal court: (a) A drainage district proceeding is removable when necessary diversity of citizenship exists and amount in controversy is sufficient.
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Appeal from Holt Circuit Court. — Hon. William G. Ellison, Judge. (1) The court erred in refusing to order removal of case to Federal court: (a) A drainage district proceeding is removable when necessary diversity of citizenship exists and amount in controversy is sufficient. Regardless of whether by this proceeding any land is condemned, the proceeding is similar to a condemnation proceeding, the purpose being to assess benefits and damages, and section 5518 of Drainage Laws provides for saíne procedure as in railroad condemnation eases. 34 Cyc. 1227; 18 Ency. PI. & Pr. 221; Moon Removal…
1Opinion of the CourtWoodson, J.
This is an appeal taken by the railroad company in the case of In re Drainage District v. Richardson.
Richardson has appealed the case to this court twice. The opinion written on the first appeal is reported in the 227 Mo. 252, and the second opinion has just been handed down, and reported at page 49 of-237 Mo.
Reference is here made to that case for the purpose of seeing a full statement of the facts.
Counsel for this appellant present not only the *91questions presented by tbe Richardson appeal, but three additional, which'are peculiar to it.
We will not again discuss the questions passed upon in…
2Cases cited3 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911
- Inc. of Little Tarkio Drainage District No. 1 v. RichardsonSupreme Court of Missouri · 1910
3Cited by2 opinions
- Berry v. Majestic Milling Co.Supreme Court of Missouri · 1920
- Little Tarkio Drainage District No. One v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1911