St. Louis & St. Joseph R.R. Co. v. Richardson

CourtUnited States State Supreme Court of Missouri
Writing for the CourtWAGNER
Citation45 Mo. 466
PartiesST. LOUIS AND ST. JOSEPH RAILROAD COMPANY, Appellant, v. SAMUEL A. RICHARDSON, Respondent.
Decision Date28 February 1870

45 Mo. 466

ST. LOUIS AND ST. JOSEPH RAILROAD COMPANY, Appellant,
v.
SAMUEL A. RICHARDSON, Respondent.

Supreme Court of Missouri.

February Term, 1870.


Appeal from Fifth District Court.

Hall & Oliver, for appellant, cited 1 Hill. on Rem. for Torts, 297, § 3; 43 Penn. 495; 2 Gray, 107; 11 Cush. 203; 47 Penn. 428; 1 Redf. on Railw. 262-3; 3 Allen, 141.

Richardson, and H. M. & A. H. Vories, for respondent, cited Newby v. Platte County, 25 Mo. 258; Troy & Boston R.R. v. Lee, 13 Barb. 169; same v. Turnpike Co., 16 Barb. 100; 1 Redf. on Railw. 264, note 21; id. 268, and notes; 6 Ohio St. 182; 25 Mo. 544.


WAGNER, Judge, delivered the opinion of the court

This was a proceeding commenced in the Ray Circuit Court by plaintiff, to condemn, for its own use and for the purpose of constructing its road-bed, a strip of land belonging to the

[45 Mo. 467]

defendant. The petition, in accordance with the provisions of the statute, prayed the court to appoint three disinterested householders--citizens of the county--to view the land and assess the damages which the defendant would sustain in consequence of the appropriation and condemnation of the land for the plaintiff's road-bed. The commissioners were duly appointed, proceeded to the discharge of their duty, and returned their report into court, in which they assessed the defendant's damages at $900. The plaintiff then moved the court to set aside the award of the commissioners and the assessment of damages, and as grounds therefor alleged: first, that the damages assessed were excessive; second, that the commissioners did not take into consideration the advantages and disadvantages which would accrue to the defendant by reason of the construction of the railroad; third, that the land of the defendant would be of greater value after the construction of the road through the same than it was before.

This motion the court overruled and gave judgment on the report, which judgment was affirmed in the District Court. Upon the hearing of the motion the plaintiff introduced several witnesses, who testified that they were well acquainted with the defendant's land, over which the road was located, and that they knew in what manner the road passed...

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9 practice notes
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • March 17, 1928
    ...the principal upon which the appraisal was made. St. Louis v. Brown, 155 Mo. 545; St. Louis v. Abeln, 170 Mo. 318; Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585. Notice of the taking of property for a public use must precede and not follow the determination of compens......
  • Hickman v. City of Kansas
    • United States
    • United States State Supreme Court of Missouri
    • February 13, 1894
    ...taken. Newby v. Platte Co., 25 Mo. 258; Road Co. v. Pickett, 25 Mo. 535; Railroad Co. v. Chrystal, 25 Mo. 544; Railroad Co. v. Richardson, 45 Mo. 466; Lee v. Railroad Co., 53 Mo. 178; Railroad Co. v. Ridge, 57 Mo. 600; Hosher v. Railroad Co., 60 Mo. 303. In the decisions of these cases the ......
  • City of St. Louis v. Calhoun
    • United States
    • United States State Supreme Court of Missouri
    • May 31, 1909
    ...upon which they have made their appraisal, there is nothing for review, and their report should not be disturbed.' Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585." We should not disturb the judgment for the reason as thus urged by defendants. An examination of the......
  • Southern Illinois & M. Bridge Co. v. Stone
    • United States
    • United States State Supreme Court of Missouri
    • February 26, 1906
    ...enjoyed by other lands in the same neighborhood. Newby v. Platte County, 25 Mo. 258; St. Louis & St. Joseph R. R. Co. v. Richardson, 45 Mo. 466; Railroad v. Stock Yards, 120 Mo. 541, 25 S. W. 399; Railroad v. Knapp, Stout & Co., 160 Mo. 396, 61 S. W. 300. And the benefits peculiar t......
  • Request a trial to view additional results
9 cases
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • March 17, 1928
    ...the principal upon which the appraisal was made. St. Louis v. Brown, 155 Mo. 545; St. Louis v. Abeln, 170 Mo. 318; Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585. Notice of the taking of property for a public use must precede and not follow the determination of compens......
  • Hickman v. City of Kansas
    • United States
    • United States State Supreme Court of Missouri
    • February 13, 1894
    ...taken. Newby v. Platte Co., 25 Mo. 258; Road Co. v. Pickett, 25 Mo. 535; Railroad Co. v. Chrystal, 25 Mo. 544; Railroad Co. v. Richardson, 45 Mo. 466; Lee v. Railroad Co., 53 Mo. 178; Railroad Co. v. Ridge, 57 Mo. 600; Hosher v. Railroad Co., 60 Mo. 303. In the decisions of these cases the ......
  • City of St. Louis v. Calhoun
    • United States
    • United States State Supreme Court of Missouri
    • May 31, 1909
    ...upon which they have made their appraisal, there is nothing for review, and their report should not be disturbed.' Railroad v. Richardson, 45 Mo. 466; Railroad v. Campbell, 62 Mo. 585." We should not disturb the judgment for the reason as thus urged by defendants. An examination of the......
  • Southern Illinois & M. Bridge Co. v. Stone
    • United States
    • United States State Supreme Court of Missouri
    • February 26, 1906
    ...enjoyed by other lands in the same neighborhood. Newby v. Platte County, 25 Mo. 258; St. Louis & St. Joseph R. R. Co. v. Richardson, 45 Mo. 466; Railroad v. Stock Yards, 120 Mo. 541, 25 S. W. 399; Railroad v. Knapp, Stout & Co., 160 Mo. 396, 61 S. W. 300. And the benefits peculiar t......
  • Request a trial to view additional results

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