STATE, ETC. v. KANSAS CITY SOUTHERN RY. CO.

No. 28479.

558 S.W.2d 229 (1977)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri Corporation, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 12, 1977.

Application to Transfer Denied November 14, 1977.


Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, State Highway Commission, Jefferson City, Earl H. Schrader, Jr., Asst. Counsel, James R. Sandifar, Kansas City, for appellant.

Robert D. Youle, Eric T. Swanson, Kansas City, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel, for respondent.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.


ANDREW JACKSON HIGGINS, Special Judge.

Action in eminent domain to acquire lands owned by Kansas City Southern Railway Company for construction thereon by State Highway Commission of a railroad bridge over Interstate Highway I-435, as ordered by the Missouri Public Service Commission, in which the landowner claimed damages for both taking and severance. Appeal from judgment for condemnation damages as to and affecting landowner's realty. The question is whether the...

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