Legal Opinion

Chicago, Santa Fe & California Railway Co. v. Elliott

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 1 opinion

Appeal from Ray Circuit Court.— IIon. J. M. Sandusky, Judge. (1) The plaintiff was entitled to have the report of the commissioners set aside, and a jury trial ordered as a constitutional right. Const., art. 12, see. 4; Railroad v. Almeroth, 13 Mo. App. 91; Railroad v. Story, 96 Mo. 611; Ptisey’s Appeal, 83 Pa.

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Appeal from Ray Circuit Court.— IIon. J. M. Sandusky, Judge. (1) The plaintiff was entitled to have the report of the commissioners set aside, and a jury trial ordered as a constitutional right. Const., art. 12, see. 4; Railroad v. Almeroth, 13 Mo. App. 91; Railroad v. Story, 96 Mo. 611; Ptisey’s Appeal, 83 Pa. St. 67; Turnpike Co. v. Burket, 26 Ind. 53; Isom v. Railroad, 36 Miss. 200; Stewart v. Baltimore, 7 Md. 500; Kimball x>. Railroad, 35 Mo. 255; People v. McRoberts, 62 111. 38 ; Mitchell v. Railroad, 68 111. 286; People v. Stewart, 97111.123; Railroad v. Hock, 118 111. 587. (2) The…

1Opinion of the CourtBlack, J.

This was a proceeding to condemn property fór a railroad right of way. Commissioners Were duly appointed to assess damages. To their report the company filed exceptions contending, among other things, that the damages were excessive and praying for a reassessment by a jury. After hearing much evidence the court overruled the exceptions, and, hence, this appeal.

We have held on several occasions that in proceedings like this either party is entitled, as a matter of constitutional right, to have the damages reassessed by a jury. The court should have awarded a jury upon demand made…

2Cases cited1 opinion

  1. Chicago, Santa Fe & California Railway Co. v. MillerSupreme Court of Missouri · 1891

3Cited by1 opinion

  1. Chicago, Santa Fe & California Railway Co. v. ElliottSupreme Court of Missouri · 1893

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