Chicago & A. R. Co. v. Kansas City, I. & P. Ry. Co.

• Decision Date: 06 June 1892
• Citation: 110 Mo. 510,19 S.W. 826
• Parties: CHICAGO & A. R. CO. v. KANSAS CITY, I. & P. RY. CO.
• Court: Missouri Supreme Court

19 S.W. 826

110 Mo. 510

CHICAGO & A. R. CO. v. KANSAS CITY, I. & P. RY. CO.

Supreme Court of Missouri, Division No. 1.

June 6, 1892.

CONDEMNATION PROCEEDINGS — RAILROAD CROSSINGS.

1. In making an award as to the manner in which one railroad company shall cross the right of way of another, under Rev. St. 1879, c. 21, § 765, which provides: "And if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners appointed by the court, * * *" — the commissioners have the power to order all details of construction which would be ordinarily provided for in an agreement between the parties for such purpose; and an order that stonemasonry piers be substituted after a year for temporary piers supporting the bridge crossing is valid.

2. Such an award stands as a contract between the parties, and can be enforced in like manner as a voluntary agreement.

3. Compensation awarded and paid in money on the basis of compliance with the terms of such award as to the point and manner of making the crossing is valid.

Error to circuit court, Jackson county.

Suit by Chicago & Alton Railroad Company against Kansas City, Independence & Park Railway Company to enforce an award made, in a suit by defendant to acquire the right to cross plaintiff's road, under Rev. St. 1879, c. 21, § 765. From a judgment sustaining defendant's demurrer to petition, plaintiff appeals, bringing writ of error. Reversed.

Gates & Wallace, for plaintiff in error. Karnes, Holmes & Krauthoff, for defendant in error.

BLACK, 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 Kansas City, Independence & Park Railway Company commenced proceedings 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 15th 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 the manner of crossing as required by law, providing and determining that the said crossing should be over the tracks of the plaintiff's, with a clear span of twenty-two feet from the top of the rails to the chord of the bridge, with room underneath the same for two railroad tracks of the plaintiff, which room should be twenty-eight feet in the clear, measured at right angles to the track of the plaintiff, as then laid at the place of said crossing; that said crossing should consist of a good, substantial, standard combination span bridge on temporary pile piers, such piers to be replaced within one year by stone masonry; and that said crossing should be constructed, and at all times thereafter maintained in a good condition and repair, at the expense of the said Kansas City, Independence & Park Railway Company." It is alleged, further, that the Independence & Park Railway Company constructed temporary pile piers, and built its bridge thereon; that the other defendant, the Kansas City & Independence Rapid Transit Railway Company, has some interest in the subject of this suit; that the defendants operate a railroad over the bridge; that they have violated the report of the commissioners in this: that, although more than one year has elapsed since it was filed, the defendants have not replaced the temporary pile piers with stone masonry. Plaintiff prays for specific performance of the report, that defend...