Legal Opinion

Peters v. St. Louis & Iron Mountain Railroad

Supreme Court of Missouri

Decided March 15, 1856PublishedCited by 8 opinions

jError to St. Louis Law Commissioner’s Court. Tbe petition in this cause is as follows : “ The plaintiff states that Emil Rebhan was a contractor with the defendant from some time previous to the first day of December, 1854, to the 20th of March, 1855, for the construction of that part of the said railroad, in said county of St. Louis, which lies between a point about two hundred feet south of the River des Peres" and McGilton’s stone quarry, and which is now, and has been…

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jError to St. Louis Law Commissioner’s Court. Tbe petition in this cause is as follows : “ The plaintiff states that Emil Rebhan was a contractor with the defendant from some time previous to the first day of December, 1854, to the 20th of March, 1855, for the construction of that part of the said railroad, in said county of St. Louis, which lies between a point about two hundred feet south of the River des Peres" and McGilton’s stone quarry, and which is now, and has been for more than a year, in progress of construction; and that the following persons respectively performed for said…

1Opinion of the CourtLeonard, Judge

The questions we have here to deal with are, whether the 12th section of the general railroad law of 24th February, 1853, is applicable to all railroad companies existing under the laws of this state, or is confined to such as are incorporated pursuant to that act; and supposing it to be applicable to all companies, then whether its provisions are constitutional, especially in reference to the present company, whose charter, it is said, is expressly exempted from legislative control.

The words of the section are general, and, in their literal meaning, equally applicable to every railroad…

2Cited by8 opinions

  1. Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
  2. Tranbarger v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
  3. Hanna v. Cincinnati & Fort Wayne R. R.Indiana Supreme Court · 1863
  4. Abbott v. Marion Mining Co.Supreme Court of Missouri · 1914
  5. Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1857

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