Baker v. Chicago, Rock Island & Pacific R.R. Co.

Decision Date31 August 1874
Citation57 Mo. 274
CourtMissouri Supreme Court
PartiesISAAC B. BAKER, Respondent, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO., Appellant.

1. See 57 Mo. 265.

Appeal from Clinton Circuit Court.

J. H. Shanklin & M. A. Low, for Appellant.

Porter & Turner and Thos. E. Turney, for Respondent.

WAGNER, Judge, delivered the opinion of the court.

This case was argued and submitted in connection with the case of Baker vs. The Chicago, R. I. & P. R. R. Co. which has been decided at this term; and for the reasons therein given, the judgment must be reversed and the cause remanded.

All the judges concur, except Judge Sherwood who is absent.

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9 cases
  • Chicago, M. & St. P.R. Co. v. Randolph Town-Site Co.
    • United States
    • Missouri Supreme Court
    • February 24, 1891
    ...construction of the railroad, and the owner could not maintain ejectment against the plaintiff. Provolt v. Railroad, 57 Mo. 256; Baker v. Railroad, 57 Mo. 265; Hosher Railroad, 60 Mo. 329; Kanaga v. Railroad, 76 Mo. 207. (5) If the possession was obtained under any specific agreement, the o......
  • Lumerate v. St. Louis & San Francisco Railroad Company
    • United States
    • Missouri Court of Appeals
    • July 7, 1910
    ... ... this. Hubert v. Railroad, 63 Mo. 71; Baker v ... Railroad, 57 Mo. 274. (3) Section 544, R ... ...
  • Dickson v. St. Louis & Kirkwood Railroad Company
    • United States
    • Missouri Supreme Court
    • March 28, 1902
    ...not have recovered the right of way in ejectment and can not sustain this action for a mere breach of a condition subsequent. Baker v. Railroad, 57 Mo. 274; Dodd Railroad, 108 Mo. 585; Jones v. Railroad, 79 Mo. 97. (3) There was no evidence to support the findings and judgment. 4 Kent's Com......
  • Johnson v. Ohio River R. Co.
    • United States
    • West Virginia Supreme Court
    • December 18, 1906
    ...580, 26 N.E. 7; Railroad Co. v. Railroad Co., 98 Ala. 400, 13 So. 682, 39 Am.St.Rep. 74; Gray v. Railroad Co., 37 Iowa 119; Baker v. Railroad Co., 57 Mo. 274; v. Railroad Co., 14 Am. & Eng. Ry. Cas. 456. No decision of this court asserts the doctrine as between a private person and a railro......
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