Chicago, Santa Fe & California Railway Co. v. Elliott

Supreme Court of Missouri
Chicago, Santa Fe & California Railway Co. v. Elliott, 108 Mo. 321 (Mo. 1891)
Black

Chicago, Santa Fe & California Railway Co. v. Elliott

Opinion of the Court

Black, J.

This was a proceeding to condemn property fór a railroad right of way. Commissioners Were duly appointed to assess damages. To their report the company filed exceptions contending, among other things, that the damages were excessive and praying for a reassessment by a jury. After hearing much evidence the court overruled the exceptions, and, hence, this appeal.

We have held on several occasions that in proceedings like this either party is entitled, as a matter of constitutional right, to have the damages reassessed by a jury. The court should have awarded a jury upon demand made therefor-without further showing. Railroad v. Miller, 106 Mo. 458, and cases cited.

The judgment is, therefore, reversed and the cause remanded.

All concur.

Reference

Full Case Name
The Chicago, Santa Fe & California Railway Company v. Elliott
Cited By
1 case
Status
Published