St. Louis & K. C. Ry. Co. v. Eby.

• Decision Date: 12 December 1899
• Citation: 54 S.W. 472,152 Mo. 606
• Court: Missouri Supreme Court
• Parties: ST. LOUIS & K. C. RY. CO. v. EBY.

54 S.W. 472

152 Mo. 606

ST. LOUIS & K. C. RY. CO. v. EBY.

Supreme Court of Missouri, Division No. 1.

December 12, 1899.

EMINENT DOMAIN — CONDEMNATION PROCEEDINGS — EVIDENCE.

On a reassessment by a jury in condemnation proceedings, evidence of previous negotiations and offers between the parties in relation to the land taken and defendant's damages was properly excluded.

Appeal from circuit court, Johnson county; W. W. Wood, Judge.

Condemnation proceedings by the St. Louis & Kansas City Railway Company against Samuel M. Eby. From a judgment for damages on appraisal by a jury, plaintiff appeals. Affirmed.

This controversy arose out of a proceeding to condemn a right of way for plaintiff's railroad through defendant's farm, situate in Johnson county, consisting of about 315 acres of land lying in a body. The railroad was constructed through defendant's land in a curved line, south of the center of the farm, and splitting one 80 diagonally, leaving it in irregular shape; and 120 acres was left to the south side of the railroad, separated from the improvement and the rest of the farm. The railroad did not go through defendant's farm on a natural grade, but cuts and fills were made. It extended something over one-half mile through defendant's land, and for about half the distance plaintiff laid a double track, appropriating about 6 acres for its right of way. The plaintiff presented a petition setting forth the necessary jurisdictional and other facts, and prayed for the appointment of commissioners to assess damages which defendant would sustain in consequence of the location, construction, and operation of its railroad over defendant's land. On the filing of the petition in the office of the clerk of the circuit court of Johnson county, in vacation, the clerk issued a summons to defendant to appear before the judge of the Johnson circuit court on the 8th day of August, 1895. The summons was duly served, and the defendant appeared accordingly. Thereupon the judge of said court heard the petition, and, after finding the facts upon which to base his order, appointed the commissioners, as required by statute, who filed their report, showing that they had performed the duty imposed upon them, and assessed defendant's damages by reason of the appropriation of his land, and the operation and maintenance of the railroad thereon, at $20, which was deposited by the plaintiff with the clerk of the circuit court, and afterwards taken by the defendant; and the plaintiff took possession of the land. On August 23d, defendant filed objections to the commissioners' report. The exceptions, except the first and seventh, which were withdrawn, were, in substance, that damages were not assessed for the whole of the tract of land through which the railroad ran, although the entire farm was damaged; because the damages were grossly inadequate; because the damages sustained were $3,000, instead of the amount allowed by the commissioners; because the commissioners neither allowed damages for the land actually appropriated, nor damages to other parts of the farm; because the commissioners erred in deducting from the damages sustained the general benefit to defendant's farm by reason of the building and constructing of the railroad...