Pacific Railroad v. Seely
Supreme Court of Missouri
Error to First District Court. I. The contract between the parties to the instrument for the depot ground and reservoir was a valid contract, and has not been complied with. (Sess. Acts 1849, p. 219, §§ 7, 8, 10;. Sess. Acts 1851, p. 268, § 9; R. C. 1855, § 1, subd. 4, §§ 13-22, 27, 29, subds. 2, 3.) XI. The Pacific railroad had- authority to locate its stations where it deemed best for itself, and to contract for such location.
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Error to First District Court. I. The contract between the parties to the instrument for the depot ground and reservoir was a valid contract, and has not been complied with. (Sess. Acts 1849, p. 219, §§ 7, 8, 10;. Sess. Acts 1851, p. 268, § 9; R. C. 1855, § 1, subd. 4, §§ 13-22, 27, 29, subds. 2, 3.) XI. The Pacific railroad had- authority to locate its stations where it deemed best for itself, and to contract for such location. Railroads are private corporations for private profit. (Bissell v. M. S. & N. I. R.R., 22 N. Y. 258, 287; Sess. Acts 1849, charter, §§ 7, 8, 13 ; 1 Redf. on Railw.…
1Opinion of the CourtWagner, Judge
•This was a suit instituted in the Circuit Court of Moniteau county, praying for a specific performance. It appears from the record that one William T. Seely, in his lifetime and on the 21st day of December, 1857, made and executed a contract in writing with plaintiff, which contained an obligation that, in consideration that plaintiff would locate a freight and passenger station on the land of said Seely, he would, in addition to the land already given, convey to the railroad, whenever called upon, four acres of land, for freight and passenger stations.
He further agreed, by said contract, to…
2Cases cited12 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Walther v. WarnerSupreme Court of Missouri · 1857
- Cumberland Valley Railroad v. BaabSupreme Court of Pennsylvania · 1840
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- St. Joseph & Denver City Rld. v. RyanSupreme Court of Kansas · 1873
41 more not listed; retrieve them via the Exa API.