Liggett v. Excelsior Powder Manufacturing Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E, Slover, Judge. (1) The second count of plaintiff’s petition being based upon the idea that the plant is a public nuisance became near a railroad, defendant’s objection to the introduction of any evidence should have been sustained, since: (a) Section 14 of article 12 of the Constitution declaring railroads to be “public highways,” merely means that they are subject to legislative control and have certain gwas-i-governmental…
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Appeal from Jackson Circuit Court. — Hon. James E, Slover, Judge. (1) The second count of plaintiff’s petition being based upon the idea that the plant is a public nuisance became near a railroad, defendant’s objection to the introduction of any evidence should have been sustained, since: (a) Section 14 of article 12 of the Constitution declaring railroads to be “public highways,” merely means that they are subject to legislative control and have certain gwas-i-governmental rights, such as eminent domain. Farber v. Mo. Pac. Ry. Co., 116 Mo. 81. (b) ' The railroad is private property and no'…
1Opinion of the CourtBlair, J.
Respondent recovered judgment for damages for injuries suffered when powder stored or in process of manufacture on • appellant's premises exploded as a train on which respondent was a passenger was passing appellant’s plant. After an effort had been made to prohibit action in the Court of Appeals, the cause was heard there and then transferred here.
• The answer admits that “at the times mentioned in the petition, it [appellant] was a corporation and owned and operated a plant for manufacturing powder near Holmes Park in Jackson County, Missouri;” avers it owns the tract upon which its plant…
2Cases cited1 opinion
- Scalpino v. SmithMissouri Court of Appeals · 1911
3Cited by2 opinions
- Pecan Shoppe of Springfield, Missouri, Inc. v. Tri-State Motor Transit Co.Missouri Court of Appeals · 1978
- St. Joseph Lead Company, a Corporation v. Perry Prather and Maggie PratherCourt of Appeals for the Eighth Circuit · 1956