Mathews v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Section 2C15 of the Revised Statutes of 1889 is unconstitutional, because: First. It impairs the obligation of the contract contained in defendant’s charter. R. S. 1889, sec. 2543; Fletcher v. Feck, 6 Cranch, 87; Dartmouth College v. Woodtvard, 4 Wheat. 518; U. S. v. Quincy, 4 Wall. 535; Greene v. Biddle, 8 Wheat. 92; Planter’s Bank v. Sharp, 6 How. 327; Commissioners v. Trans. Co., 107 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Section 2C15 of the Revised Statutes of 1889 is unconstitutional, because: First. It impairs the obligation of the contract contained in defendant’s charter. R. S. 1889, sec. 2543; Fletcher v. Feck, 6 Cranch, 87; Dartmouth College v. Woodtvard, 4 Wheat. 518; U. S. v. Quincy, 4 Wall. 535; Greene v. Biddle, 8 Wheat. 92; Planter’s Bank v. Sharp, 6 How. 327; Commissioners v. Trans. Co., 107 Pa. St. 112; Railroad v. Railroad, 60 Md. 263; Bank v. Hamilton, 21 Ill. 53; Payne v. Baldwin, 3 S.' &M. 661; Edwards v. Kearsey, 96…
1Opinion of the CourtGantt, J.
This is an action for damages caused by the destruction and injury to plaintiff’s property, a suburban residence and grounds, near the city of St. Louis, in St. Louis county, by fire alleged to have been set out by an engine, operated by the defendant on its. railroad.
The petition contains two counts, the first being' an action at common law, charging “that on the ninth, day of August, 1887, and for a long time prior thereto, *302defendant negligently suffered a large amount of dry grass, weeds,and rubbish, to accumulate and remain upon and along its railway and right of way adjoining the land of…
2Cases cited45 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Stone v. MississippiSupreme Court of the United States · 1880
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
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3Cited by36 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
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