67 Mo. 438 | Mo. | 1878
— This was a proceeding instituted in the circuit court of Cape Girardeau county, at its May term, 1874, by the Cape Girardeau & Scott County Macadamized Road Company, to condemn a right of way through the defendants’ land. To the petition of the plaintiff, which contained all the necessary averments, the defendants, at the November term, 1874, filed an answer, alleging therein, in bar of plaintiff’s right to condemn the proposed right of way, that the plaintiff and the defendants had entered into an agreement for the construction of plaintiff’s road on another line, in consideration of a grant by the defendants of a right of way over such line ; and that said road had been partially constructed on said line. These averments were denied by the plaintiff. The court thereupon heard the testimony adduced by the parties respectively on.the issues thus made, found for the plaintiff thereon, and appointed three commissioners, as provided by law, to assess the damages which would be sustained by the defendants by reason of the appropriation of their land for the construction of the plaintiff’s road. The commissioners made report and exceptions thereto were filed by the defendants, which were overruled by the court. These exceptions are not
exclusive privilege of constructing a macadamized road from the city of Cape Girardeau, across the Big Swamp, in the counties of Cape Girardeau and Seott. It had, therefore, an unquestionable right to acquire and hold the necessary land for that purpose. Sec. 1, Chap. 66, of the general statutes, provides that when lands sought to be appropriated by any road, railroad or telegraph corporation, created under the laws of the State, belong to private persons, and such corporation and the owners cannot agree upon the proper compensation to be paid, such corporations may institute proceedings in the circuit court to condemn such land for the use of the company. The language of this section is general. It includes all (road, railroad or telegraph corporations created under the laws of this State. This phraseology comprehends special, as well as general laws, and confers upon the plaintiff' the same rights in this particular, which are conferred upon similar corporations orgauized under the general law. The judgment of the circuit court will be affirmed.
Affirmed.