State ex rel. Titus v. Wabash Railroad
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. J. W. Alexander, Judge. (1) It is a well-settled rule that the principle» of interpretation, and the rules of construction, are the same, whether' the instrument he a constitution, a statute, a deed, a grant, a covenant or a contract. Story on the Const. (5 Ed.), secs. 451, 401; Potter’s Dwarris, pp. 47, 175, 182; End. Interp.
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Appeal from Clay Circuit Court. — Hon. J. W. Alexander, Judge. (1) It is a well-settled rule that the principle» of interpretation, and the rules of construction, are the same, whether' the instrument he a constitution, a statute, a deed, a grant, a covenant or a contract. Story on the Const. (5 Ed.), secs. 451, 401; Potter’s Dwarris, pp. 47, 175, 182; End. Interp. Stats., secs. 1,. 2, 8, 258, 295. In view of the authorities above cited, and all authorities on the interpretation of statutes, it is evident that the relators are altogether too-narrow in their construction of section 2543,…
1Opinion of the CourtGraves, J.
Relators are citizens and tax-payers of the city of Excelsior Springs, a city of the fourth class in Clay county, Missouri. The action is one of mandamus, instituted May 8, 1903, to compel defendant, the owner and operator of a line of railroad in and upon Dunbar avenue, a public street of said city, “to restore said Dunbar avenue to as good condition as it was before its tracks were laid thereon, or to such condition as not to unnecessarily impair its usefulness and for such other orders and judgments in the premises as may be just.” The basis of the action is section 1035, Revised Statutes…
2Cases cited8 opinions
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
- Dubach v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
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3Cited by7 opinions
- Barker v. Hazel-Fain Oil Co.Court of Appeals of Texas · 1920
- Peters v. City of St. LouisSupreme Court of Missouri · 1910
- Haynes v. County Court of Cass CountyMissouri Court of Appeals · 1909
- Ettenson v. Wabash RailroadSupreme Court of Missouri · 1913
- Stoutimore v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1923
2 more not listed; retrieve them via the Exa API.