Franklin County v. Missouri Pac. Ry. Co.
| Decision Date | 07 March 1916 |
| Docket Number | No. 14068.,14068. |
| Citation | 183 S.W. 1099 |
| Parties | FRANKLIN COUNTY v. MISSOURI PAC. RY. CO. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Franklin County.
"Not to be officially published."
Proceeding by the County of Franklin against the Missouri Pacific Railway Company. From the judgment, said Company appeals. Transferred to Supreme Court.
Jesse H. Schaper, of Washington, Mo., and C. D. Corum, of St. Louis, for appellant. Jesse M. Owen and O. E. Meyersieck, both of Union, for respondent.
The county of Franklin instituted proceedings in its county court to open a public road across the right-of-way of the Missouri Pacific Railway Company at or near Little Berger Creek Bridge in that county. As the result and in that proceeding, the county court allowed the Railway Company one hundred dollars damages. Dissatisfied with the award the Railway Company appealed to the circuit court, where on a trial before that court, a jury being waived, the Railway Company was allowed $57.82. From this the Railway Company appealed to our court.
The appeal is not within our jurisdiction, the county of Franklin being a party to the cause. The cause, together with the files therein, is transferred to the Supreme Court.
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- Franklin County v. Missouri Pac. Ry. Co.
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Taney County v. Addington, 7546
...County v. Jackson County, Mo., 275 S.W.2d 326, 328(1); Odell v. Pile, Mo., 260 S.W.2d 521, 522(1). See also Franklin County v. Missouri Pac. Ry. Co., Mo.App., 183 S.W. 1099, transferred, Mo., 210 S.W. 874, likewise a proceeding 'to open a public Accordingly, the clerk of this court is direc......