Wiggins Ferry Co. v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The contract sued on is not limited to Bloody Island. Bloody Island comprises but a part of the Illinois shore opposite St. Louis. The contract binds the railroad company to give plaintiff all its ferriage for the whole length of the Illinois shore opposite St. Louis. The contract is valid unless some cause of invalidity is shown, and the burthen of showing this is on the railróad company. 2. The contract is not ultra vires.
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Appeal from St. Louis Court of Appeals. 1. The contract sued on is not limited to Bloody Island. Bloody Island comprises but a part of the Illinois shore opposite St. Louis. The contract binds the railroad company to give plaintiff all its ferriage for the whole length of the Illinois shore opposite St. Louis. The contract is valid unless some cause of invalidity is shown, and the burthen of showing this is on the railróad company. 2. The contract is not ultra vires. The railroad company was authorized by its charter “to take, use and make arrangements for the transportation of freight and…
1Opinion of the CourtNorton, J.
Upon the trial of this cause in the circuit court pi tintiff obtained judgment for the sum of $107,-255.40, from which defendant appealed to the St. Louis court of appeals, where the said judgment was reversed, from which plaintiff has appealed to this court.
The action of plaintiff is for the recovery of damages for alleged breaches of a contract entered into between plaintiff and the Alton & St. Louis Railroad Company on the 28th day of April, 1864, which contract, on the day it was executed, was assigned to the Chicago & Alton Railroad Company, the defendant in this suit. The questions…
2Cases cited11 opinions
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Heim v. VogelSupreme Court of Missouri · 1879
- Pond v. WymanSupreme Court of Missouri · 1851
- Patchin v. SwiftSupreme Court of Vermont · 1849
- Franz v. DietrickSupreme Court of Missouri · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Texas & Pacific Coal Co. v. LawsonTexas Supreme Court · 1896
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
- Carroll v. CampbellSupreme Court of Missouri · 1891
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
43 more not listed; retrieve them via the Exa API.