Chicago, Burlington & Quincy Railroad v. McCooey
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — How. William T, Ragland, Judge. (1) Where private property is sought to be taken against the will of the owner under statutory authority all the statutory requirements must be fully and strictly complied with.
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Appeal from Hannibal Court of Common Pleas. — How. William T, Ragland, Judge. (1) Where private property is sought to be taken against the will of the owner under statutory authority all the statutory requirements must be fully and strictly complied with. Railway v. Davis, 197 Mo. 669; Railroad v. Leewright, 113 Mo. 667; Ells v. Railroad, 51 Mo. 200; St. Louis v. Koch, 169 Mo. 587; Williams v. Kirby, 169 Mo. 622; Railroad v. Young,. 96 Mo. 39. And the question of the existence of the power is a jurisdictional one and may be controverted at any stage of the proceedings. Hopkins v. Railroad, 79…
1Opinion of the Court
BROWN, C.
This proceeding was instituted in the circuit court for Marion County on February 15, 1908, by petition under what is now Section 2360, Revised Statutes 1909, to appropriate by condemnation a strip of land in blocks 33 and 50 of the city of Hannibal belonging to defendant, for the purpose of constructing and operating thereon a double-track railway. The strip lies east of and adjoining the right of way of the Hannibal Bridge Company thirty feet wide upon which it operates its tracks, and, in connection with that right of way, does not exceed the width of one hundred feet at its…
2Cases cited11 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
- City of Savannah v. HancockSupreme Court of Missouri · 1886
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3Cited by6 opinions
- State Ex Rel. Coffman v. CrainMissouri Court of Appeals · 1958
- Chicago, B. & Q. R. v. North Kansas City Development Co.Court of Appeals for the Eighth Circuit · 1943
- Southwestern Bell Telephone Co. v. NewinghamMissouri Court of Appeals · 1965
- St. Louis-San Francisco Railway Co. v. KingSupreme Court of Missouri · 1932
- Terminal Shares, Inc. v. Chicago, B. & Q. R.District Court, E.D. Missouri · 1946
1 more not listed; retrieve them via the Exa API.