10 S.W. 203 (Mo. 1888), Kansas City, Clinton & Springfield Railroad Co. v. Story

Citation10 S.W. 203, 96 Mo. 611
Opinion JudgeSherwood, J.
Party NameThe Kansas City, Clinton & Springfield Railroad Company v. Story, Appellant
AttorneyGates & Wallace for appellant. Wallace Pratt and W. J. Terrill for respondent.
Judge PanelSherwood, J. Ray, J., absent.
Case DateDecember 20, 1888
CourtSupreme Court of Missouri

Page 203

10 S.W. 203 (Mo. 1888)

96 Mo. 611

The Kansas City, Clinton & Springfield Railroad Company

v.

Story, Appellant

Supreme Court of Missouri

December 20, 1888

Page 204

[Copyrighted Material Omitted]

Page 205

Appeal from Cass Circuit Court. -- Hon. Hoah M. Givan, Judge.

The petition in this case which was against Story and other owners on the route of the road is as follows:

"The petition of the Kansas City, Clinton & Spring-field Railroad Company respectfully shows: That it is a corporation created and existing under and by virtue of the laws of the state of Missouri; that your petitioner, in pursuance of the laws of said state, and of its charter, is about to construct, operate and maintain a standard or broad-gauge railroad in the counties of Cass, Henry, St. Clair, Hickory, Cedar, Polk and Greene, commencing on the west line of the state of Missouri, in the county of Cass, at a point where the eastern terminus of the line of railroad of the 'Johnson County Railroad Company,' a corporation of the state of Kansas, intersects said state line, thence through the county of Cass via Harrisonville, through the county of Henry via Clinton, and through the counties of St. Clair, Hickory, Cedar, Polk and Greene to a point on the line of railroad of the Fort Scott, South Eastern & Memphis Railroad Company, about twenty miles westerly from Springfield, in said county of Greene, together with the necessary side-tracks, turn-outs, stations and water-tanks, convenient for and appurtenant thereto.

"And your petitioner further shows that it needs and seeks to acquire for public use and for the purposes aforesaid the several parcels of land situate in the county of Cass, and state of Missouri, described and owned as follows, to-wit, that is to say: (Parcels belonging to other owners and not now in question in this case.) Third parcel -- one hundred feet in width in a general northwesterly and southeasterly direction, as said road is sought to be constructed over, through and upon the northwest quarter of section nine, in township forty-five, of range thirty-one, according to the location of said railroad, and which is owned and claimed by said defendant, Thomas R. Story; that there is a deed of trust of date June 16, 1883, of record against said land executed by one O. H. Cogswell and wife, to defendant Leroy M. Sea, trustee, to secure six hundred and eleven and thirty-seven one hundredths dollars in favor of defendant, Isaac N. Rodgers, recorded in Book N, page 232, in recorder's office of said Cass county (other parcels belonging to other defendants and not now in question); that the one hundred feet in width in each of the foregoing parcels of land as specified is fifty (50) feet on each side of the centre of said railroad as indicated by stakes driven along the line of said road, and the map and profile thereof on file in the office of the clerk of the county court within and for Cass county, Missouri, and showing the location thereof.

"And your petitioner further says that it and the owners of said parcels of land, who are residents of the state of Missouri, cannot, nor can said petitioner and either of said owners, agree upon the proper compensation to be paid for said land or any interest therein, which it seeks to acquire, although it has endeavored so to do.

"Your petitioner therefore prays for the appointment by said court or by the judge thereof in vacation, of three disinterested freeholders, residents of said Cass county, as commissioners, or of a jury, to ascertain and assess the damages which the owners of said several parcels of land may severally sustain as the just compensation to which they may severally be entitled in consequence of the construction, maintenance and operation of said railroad and appurtenances as aforesaid, and the use and occupation therefor."

And thereupon on the eighth day of November, 1884, the judge of the Cass county circuit court in vacation, upon the hearing of said petition, appointed H. M. Bledsoe, William Kelley and F. E. Bybee commissioners to assess the damages under said petition. And afterwards, to-wit, on the fifteenth day of November, 1884, the said commissioners filed their report as follows:

"We, the undersigned, H. M. Bledsoe, William Kelley and F. E. Bybee, three disinterested freeholders, residents of the county of Cass, Missouri, appointed by the judge of said court in vacation on the eighth day of November, A. D. 1884, to view the lands hereinafter described and return under oath an assessment of the damages which the owners of said land may severally sustain by reason of the taking, appropriation and condemnation thereof by said petitioner for...

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69 practice notes
  • 165 S.W. 723 (Mo. 1914), Barnes v. Missouri Valley Construction Co.
    • United States
    • Missouri Supreme Court of Missouri
    • April 2, 1914
    ...67; Hopkins v. Railroad, 79 Mo. 98; Jefferson County v. Cowan, 54 Mo. 234; School District v. Oeillien, 209 Mo. 464; Railroad v. Storey, 96 Mo. 620; Cory v. Railroad, 100 Mo. 288; Railroad v. Townsite Co., 103 Mo. 569; Railroad v. Swan, 120 Mo. 30; Whitely v. Platte County, 73 Mo. 30; Zimme......
  • 166 S.W. 291 (Mo. 1914), Chicago Great Western Railroad Company v. Kemper
    • United States
    • Missouri Supreme Court of Missouri
    • April 2, 1914
    ...the above direction as the damages allowed was only for the value of the land taken. Railroad v. Calkins, 90 Mo. 538; Railroad v. Story, 96 Mo. 622; Railroad v. Norcross, 137 Mo. 415. (7) Plaintiff's third instruction, among other things, told the jury that in estimating the damages occasio......
  • 20 S.W. 1069 (Mo. 1893), St. Louis, Oak Hill & Carondelet Railway Company v. Fowler
    • United States
    • Missouri Supreme Court of Missouri
    • January 23, 1893
    ...Mo. 88; Constitution of Missouri, art. 12, sec. 4; Revised Statutes, 1879, sec. 896; Railroad v. Randolph, 103 Mo. 469; Railroad v. Story, 96 Mo. 621; Revised Statutes, 1879, sec. 3729; Revised Statutes, 1879, sec. 3461; Railroad v. Calkins, 90 Mo. 541. (2) The court erred in admitting inco......
  • 21 S.W. 1118 (Mo. 1893), Union Depot Company v. Frederick
    • United States
    • Missouri Supreme Court of Missouri
    • June 19, 1893
    ...as urged by counsel for defendant. St. Joseph, etc., Railroad v. Han., etc., Railroad, 94 Mo. 535, 6 S.W. 691; Railroad v. Story, 96 Mo. 611, 10 S.W. 203; Lewis on Eminent Domain, sec. 614. "The proceedings being judicial would doubtless bind and estop the defendant, speaking in a gene......
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69 cases
  • 28 S.W.2d 80 (Mo. 1930), 30251, State ex rel. McCaskill v. Hall
    • United States
    • Missouri Supreme Court of Missouri
    • May 15, 1930
    ...Mo. 151, 1 S.W.2d 193; Roach v. Landis, 1 S.W.2d 203; State ex rel. Siegel v. Grimm, 314 Mo. 242, 284 S.W. 490; Railroad Company v. Story, 96 Mo. 611; Union Depot Co. v. Frederick, 117 Mo. 138; Kansas City & A. Ry. Co. v. View, 156 Mo. 608; Butler County Railroad v. Barron, 173 Mo.App. ......
  • 97 S.W. 867 (Mo. 1906), St. Louis, Memphis & Southeastern Railroad Co. v. Aubuchon
    • United States
    • Missouri Supreme Court of Missouri
    • November 21, 1906
    ...road in a legal and proper manner." Lewis on Em. Domain, sec. 480a; 10 Am. and Eng. Enc. Law (2 Ed.), 1169, 1170; Railroad v. Story, 96 Mo. 622; Railroad v. Dawley, 50 Mo.App. 480. (c) It seems that even in those cases where a remedy is provided for injuries caused in the operation of ......
  • 149 P. 499 (Idaho 1915), Empire Mill Co. v. District Court of Eighth Judicial Dist. in and for Benewah County
    • United States
    • Idaho Supreme Court of Idaho
    • May 31, 1915
    ...certainty, then the description is good. (2 Lewis on Eminent Domain, 3d ed., p. 980, par. 549; Kansas City C. & S. R. Co. v. Story, 96 Mo. 611, 10 S.W. 203; Cory v. Chicago B. & K. C. Ry. Co., 100 Mo. 282, 13 S.W. 346; Madera County v. Raymond Granite Co., 139 Cal. 128, 72 P. 915; S......
  • 165 S.W. 723 (Mo. 1914), Barnes v. Missouri Valley Construction Co.
    • United States
    • Missouri Supreme Court of Missouri
    • April 2, 1914
    ...67; Hopkins v. Railroad, 79 Mo. 98; Jefferson County v. Cowan, 54 Mo. 234; School District v. Oeillien, 209 Mo. 464; Railroad v. Storey, 96 Mo. 620; Cory v. Railroad, 100 Mo. 288; Railroad v. Townsite Co., 103 Mo. 569; Railroad v. Swan, 120 Mo. 30; Whitely v. Platte County, 73 Mo. 30; Zimme......
  • Request a trial to view additional results