St. Louis, Kansas City & Colorado Railway Co. v. North
Missouri Court of Appeals
Appeal from the Franklin Circuit Court, Hon. Rudolph Hirzel, Judge. The burden was on the plaintiff, the St. Louis, Kansas City & Colorado Railroad Company, and it had the right to open and close the case. The ruling of the court below in this regard was error. Const, of Mo., art. 2, sec. 21; Rev. Stat., sec. 896; Railroad v. Ridge, 57 Mo. 599; Aimer oth v. Railroad, 13 Mo. App. 91; McReynolds v. Railroad, 106 111. 157; Neff v. Cincinnati, 32 Ohio St. 215 ; Ins.
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Appeal from the Franklin Circuit Court, Hon. Rudolph Hirzel, Judge. The burden was on the plaintiff, the St. Louis, Kansas City & Colorado Railroad Company, and it had the right to open and close the case. The ruling of the court below in this regard was error. Const, of Mo., art. 2, sec. 21; Rev. Stat., sec. 896; Railroad v. Ridge, 57 Mo. 599; Aimer oth v. Railroad, 13 Mo. App. 91; McReynolds v. Railroad, 106 111. 157; Neff v. Cincinnati, 32 Ohio St. 215 ; Ins. Co. v. Penna, 16 Ohio, 324 ; Geach v. Ingall, 14 M. & W. 95 ; Ashby v. Bates, 15 M. & W. 589; Huntington v. Carkey, 33 Barb. 218 ;…
1Opinion of the CourtPeers, J.
This is an action under the statute seeking to condemn certain lands in Franklin county, the property pf defendant, for the use of plaintiff as its right of way. The petition was filed on May 24, 1886, in the Franklin county circuit court, and is in the usual form, concluding with the prayer for the appointment of three disinterested freeholders, residents of Franklin county, to ascertain and assess the damages. On June 5, 1886, the court by proper entry of record made an order appointing the commissioners, as asked by the petition. Their report was filed on the fourteenth of the same month,…
2Cases cited7 opinions
- Porter v. JonesSupreme Court of Missouri · 1873
- State v. DaubertSupreme Court of Missouri · 1868
- Morey v. StaleySupreme Court of Missouri · 1873
- Elder v. OliverMissouri Court of Appeals · 1888
- Davis v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1883
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