St. Joseph & I. R. Co. v. Cudmore
Decision Date | 23 February 1891 |
Citation | 15 S.W. 535,103 Mo. 634 |
Parties | ST. JOSEPH & I. R. CO. v. CUDMORE et al. |
Court | Missouri Supreme Court |
1. Plaintiff railroad company was organized under Laws Mo. 1857 and 1866, which provides that, in proceedings to condemn land for railroad purposes, the amount of compensation to the landowner shall be ascertained by viewers appointed for that purpose. Const. Mo. 1875, art. 12, § 4, provides that Section 1 of the schedule of said constitution declares that "the provisions of all laws which are inconsistent with this constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this constitution as require legislation to enforce them, shall remain in force until the first day of July, 1877, unless sooner amended or repealed." Held, in proceedings begun by plaintiff in 1885 to condemn a right of way through defendants' land, that defendants were entitled to have the amount of their compensation ascertained by a jury.
2. Such constitutional provision does not, by the change of procedure, impair any vested charter right of plaintiff.
Appeal from circuit court, Buchanan county; JOSEPH P. GRUBB, Special Judge.
L. S. Brown, for appellant. Vories & Vories, for respondent.
This is a proceeding begun in 1885 to condemn a right of way for railroad purposes over land of defendants. The trial court ruled that the latter were entitled to an assessment by a jury of their damages for the land taken. To this plaintiff excepted, claiming that under its charter the damages need not be assessed by jury. Conceding, for the purpose of this hearing, the claim of plaintiff that, by the special acts incorporating it in 1857 and 1866, it was authorized to appropriate the use of land, necessary for its railway, by means of condemnation proceedings in which no jury was demandable for the assessment of damages, the question then arises of the effect upon such legislation of the adoption in 1875 of the present state constitution, containing this provision: Section 4, art. 12, Const. 1875. In another part of that instrument, "and to carry the same into complete effect," it is declared that "the provisions of all laws which are inconsistent with this constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this constitution, as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended...
To continue reading
Request your trial-
State ex rel. McDaniel v. Schramm
... ... 378; ... Manker v. Faulhaber, 94 Mo. 430, 6 S.W. 372; ... State ex rel. v. Frazier, 98 Mo. 426, 11 S.W. 973; ... St. Joseph & Iowa Ry. v. Cudmore, 103 Mo. 634, 15 ... S.W. 535; St. Joseph [272 Mo. 565] & Iowa Ry. v ... Shambaugh, 106 Mo. 557; State v. Bennett, ... ...
-
St. Joseph & I.R. Co. v. Shambaugh
... ... proceedings to condemn property for public use. The ... constitutional provision in question inserts itself into the ... laws, and must be taken as a part thereof. This is the ... conclusion reached in the recent case of Railroad v ... Cudmore ... ...
-
Curators of Central College v. Rose
...of William Jewell College, remained in force. State ex rel. Morgan v. Hemenway, 272 Mo. 187, 198 S.W. 825, 828; St. Joseph & I. R. Co. v. Cudmore, 103 Mo. 634, 15 S.W. 535; St. Joseph & I. R. Co. v. Shambaugh, 106 Mo. 557, 570, 17 S.W. 581; Deal v. Mississippi Co., 107 Mo. 464, 468, 18 S.W.......
-
State v. Schramm
...55 Mo. 378; Manker v. Faulhaber, 94 Mo. 430, 6 S. W. 372; State ex rel. v. Frazier, 98 Mo. 426, 11 S. W. 973; St. Joseph & I. Ry. v. Cudmore, 103 Mo. 638, 15 S. W. 535; St. Joseph & I. Ry. v. Shambaugh, 106 Mo. loc. cit. 570, 17 S. W. 581; State v. Bennett, 102 Mo 356, 14 S. W. 865, 10 L. R......