79 Mo. 98 | Mo. | 1883
This is a proceeding begun by the respondent for the purpose of opening and extending Barnard
The case is before us on defendant’s appeal, and the chief ground of error assigned is the action of the court in refusing the following instructions :
1. Under the pleadings and evidence in this cause, the defendant is entitled to recover in this cause such sum or sums as damages sustained by it by reason of the appropriation of its land and the opening of Barnard street by plaintiff, across its track, as the evidence shows it will be compelled to expend in constructing and maintaining road crossings over said tracks of the kind and in the manner required by the statutes.
2. There is no evidence in this cause of the incorporation of the plaintiff or that an ordinance was ever passed or approved opening Barnard street across the defendant’s track, and the plaintiff has no standing in court to maintain this proceeding.
For the error committed in refusing the second instruction the judgment will be reversed and cause remanded.