Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 157) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1901 Excerpt: ... CITIES, TOWNS AND VILLAGES. 1. Opening Street Over Railroad: Condemnation Necessary. Sections 2( 09 and 7925, Revised Statutes 1889, which require railroad companies to construct crossings where the railroad crosses "public roads or town streets now or hereafter to be opened for public use," do not confer power upon municipalities by mere order of its board of trustees or by ordinance to open a street across a railroad right of way, without condemnation proceedings. The Constitution protects the property of a railroad company from being taken for public t-e without just compensation, and these statutes must be held to refer to roads and streets across railroads that have been etablished by due process of law; that is, by a condemnation proceeding in court, and after just compensation for the taking of the railroad's property for the public use has been ascertained and paid. And this is the law whether the railroad company owns the right of way or simply has an easement therein. But where there has already been a legal dedication of a street over the right of way, no condemnation is necessary, but the order of the board of trustees is all that is necessary to require the railroad to perform its statutory hitv to construct and maintain crossings. (Overruling Hannibal v. Railroad, 49 Mo. 480, in part.) St. L. & S. F. Ry. Co. v. Gordon, 71. 2. Dedication Of Street Across Right Of Way. Where a railroad owns the right of way, the owner of land on both sides of it can not make a dedication of a street over the right of way. He can dedicate only his ground to public use. Ib. 3.: Designation On Plat. Where a railroad which owns the land lays off a town on each side of its right of way, and makes a plat of its streets and alleys, and thereon extends them continuo...