Chicago & Alton Railroad v. Kansas City, Independence & Park Railway Co.
Supreme Court of Missouri
Error to Jacltson Circuit Court. The demurrers of the defendants admit the allegations of the petition, and, under the provisions of the eode allowing any relief consistent with facts and the general prayer of the petition, the demurrers must be taken simply as denying the equity of the bill. Under 'the prayer the plaintiffs are entitled to any relief within the power of a court of equity which is called for by the facts stated in the bill.
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Error to Jacltson Circuit Court. The demurrers of the defendants admit the allegations of the petition, and, under the provisions of the eode allowing any relief consistent with facts and the general prayer of the petition, the demurrers must be taken simply as denying the equity of the bill. Under 'the prayer the plaintiffs are entitled to any relief within the power of a court of equity which is called for by the facts stated in the bill. The right is plain .and expressly given by the statute, and the violation of it is admitted by the defendants. That there must be a remedy for every wrong…
1Opinion of the CourtBlack, J.
The trial court sustained a demurrer to the petition in this case, and that ruling is now before us for review on a writ of error.
According to the averments of the petition, the Independence & Park Bailway Company commenced proceeding against the present plaintiff to condemn a right of way over and across the plaintiff's road. Commissioners were duly appointed to assess compensation, who made their report on the fifteenth of July, 1887. The amount of damages allowed is not stated, but it is averred that the commissioners, by their report, “ assessed the damages and determined the points and…
2Cases cited3 opinions
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891
- Young v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
3Cited by4 opinions
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- People's Railway Co. v. Grand Avenue Railway Co.Supreme Court of Missouri · 1899
- State ex rel. Mississippi River & Bonne Terre Railway Co. v. DearingSupreme Court of Missouri · 1903
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1939