Kansas City v. Kansas City Belt Ry. Co.

• Decision Date: 01 December 1890
• Citation: 102 Mo. 633,14 S.W. 808
• Parties: KANSAS CITY v. KANSAS CITY BELT RY. CO.
• Court: Missouri Supreme Court

14 S.W. 808

102 Mo. 633

KANSAS CITY v.KANSAS CITY BELT RY. CO.

Supreme Court of Missouri.

December 1, 1890.

EMINENT DOMAIN — COMPENSATION — DAMAGES.

A railroad company carried its track over a street under an ordinance requiring it to erect and maintain a suitable bridge, "so as to allow of the use of the full width of the street."The street was subsequently widened, the city taking property on each side from the railroad company for that purpose.Held, that the cost of reconstructing the bridge is an element of damage to be allowed the company in such proceedings.

Appeal from circuit court, Jackson county; R. H. FIELD, Judge.

Pratt, Ferry & Hagerman, for appellant.R. L. Yeager and Frank Dexter, for respondent.

BLACK, J.

This was a proceeding instituted by the city of Kansas to widen Vine street, formerly designated "Henry Street," so as to make it 70 instead of 50 feet in width.Vine street runs north and south, and is crossed by Twentieth street, which runs east and west.The defendant owns and operates a railroad, which runs east and west on and along Twentieth street.At the crossing of these two streets, the defendant owns property on the north side of Twentieth street, which extends up to the lines of Vine, and which is used as right of way in addition to Twentieth street.The railroad is carried over Vine street by a bridge, which was erected under the terms of the ordinance hereafter mentioned.Damages were allowed the defendant for the land taken in widening the street, but no damages were allowed to compensate it for reconstructing the bridge, so as to make it conform to the street as widened; hence this appeal.By an ordinance approved in 1882, and which was accepted by the defendant, the defendant acquired the right to build a double-track railroad from the eastern to the western part of the city across and along designated streets.This ordinance provides that the railroad shall cross certain streets at the surface thereof, and others by carrying the street road-way over the railroad, and in other instances the railroad must be carried over the streets by means of bridges.The ordinance gives the defendant the right to construct its road on and along Twentieth street where that street crosses Vine street.Section 4 provides: "Where said Henry street, Charlie street, and Forest avenue pass under said railroad, as above mentioned, said Kansas City Belt Railway Company shall erect and maintain suitable bridges, viaducts, or trestles of wood, iron, or stone, so as to allow of the use of the full width of said Henry street, Charlie street, and Forest avenue, excepting only such parts thereof as may be required for posts, columns, or masonry piers, to support the track: provided, such posts, columns, or masonry piers shall be set in rows parallel to the line of the street or avenue crossed: and provided further, that there shall not be more than three rows or tiers of supports on any one street or avenue, — one at the center, and one at or just in side each sidewalk, and next to curb line, so as not to interfere with surface gutters: and provided further, that the total width of all such posts, columns, or piers in any one street or avenue, measured across the street or avenue, shall not exceed one-tenth of the total width of the street over which the railroad runs: and provided further, that the said bridges, viaducts, or trestles shall be so constructed as to leave a clear headway of not less than fourteen (14) feet from the level of the grade of any of said streets to the under side of any bridge, viaduct, or trestle."Defendant offered the following proof: "That in pursuance of the terms of said ordinance, the said defendant, the Kansas City Belt Railway Company, entered upon Twentieth street and constructed its two railway tracks along the same.That the grade of the tracks of said railway is about sixteen (16) feet above the present established grade of the street, and said tracks are carried across Vine street by a trestle, or bridge.That,...