Legal Opinion

Cory v. Chicago, Burlington & Kansas City Railway Co.

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 13 opinions

Error to Linn Circuit Court.—How. Gr. D. Burgess, Judge. (1) The alleged condemnation proceedings did not follow tlie law with the strictness required by the following authorities: Ells v. Railroad, 51 Mo. 200; Strang v. Railroad, 16 Wis. 666; Nelson v. Brodhack, 44 Mo. 596; R. S. 1879, sec. 892; Railroad n. Campbell, 62 Mo. 585; Cunningham v. Railroad, 61 Mo. 33. Every requisite of the statute having a semblance of benefit to the owner must be complied with. Mills on Em.

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Error to Linn Circuit Court.—How. Gr. D. Burgess, Judge. (1) The alleged condemnation proceedings did not follow tlie law with the strictness required by the following authorities: Ells v. Railroad, 51 Mo. 200; Strang v. Railroad, 16 Wis. 666; Nelson v. Brodhack, 44 Mo. 596; R. S. 1879, sec. 892; Railroad n. Campbell, 62 Mo. 585; Cunningham v. Railroad, 61 Mo. 33. Every requisite of the statute having a semblance of benefit to the owner must be complied with. Mills on Em. Domain, sec. 84, and authorities cited. (2) The condemnation proceeding was not prosecuted in the name of the real party…

1Opinion of the CourtSherwood, J.

This cause has been transferred to this court from the Kansas City court of appeals, on the ground that the title to real estate is involved. It is an action for one thousand dollars’ damages for taking plaintiff’s land in the construction of a railroad wrongfully and without legal authority.

Briefly told, the essential facts are substantially these : In the month of July, 1872, the St. Joseph and Iowa Railroad Company resolved to build a branch road, and on the thirteenth of that month proceeded to condemn the right of way through the grounds of various persons, and, among others, those of…

2Cases cited3 opinions

  1. Secombe v. Railroad Co.Supreme Court of the United States · 1874
  2. Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
  3. Cape Girardeau v. DennisSupreme Court of Missouri · 1878

3Cited by13 opinions

  1. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  2. Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
  3. Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
  4. State Ex Rel. Siegel v. GrimmSupreme Court of Missouri · 1926
  5. State Ex Rel. State Highway Commission v. CadyMissouri Court of Appeals · 1963

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