City of Hannibal v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas,. Hon. Thomas H. Bacon, Judge. Appellant’ s objection to the introduction of any testimony on the complaint should have been sustained. The complaint did not state facts sufficient to constitute a cause; of action.
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Appeal from the Hannibal Court of Common Pleas,. Hon. Thomas H. Bacon, Judge. Appellant’ s objection to the introduction of any testimony on the complaint should have been sustained. The complaint did not state facts sufficient to constitute a cause; of action. The ordinance “ concerning the use of certain streets,” approved April 21, 1886, and “to effect the removal of posts and poles” of appellant from Broadway and Main streets, in the city of Hannibal, is in direct conflict with section 879, Revised Statutes, and did not give appellant an opportunity to be heard in regard to an alteration,…
1Opinion of the CourtRombauer, P. J.
The plaintiff is a municipal corporation and the defendant is a telephone company incorporated under article five, chapter twenty-one, of the Revised Statutes.
It appears that in 1879-80 the Hannibal Telephone Company and its grantors erected, under authority of a city ordinance authorizing the erection and maintenance of a telephonic exchange in said city, a number of telephone poles, including the poles in controversy, along Broadway, which poles have been used ever since by said company and its successors in connection with said telephonic exchange. The defendant is a successor of said…
2Cases cited6 opinions
- City of St. Louis v. GreenMissouri Court of Appeals · 1878
- v. MeeksSupreme Court of Missouri · 1885
- City of St. Louis v. GreenSupreme Court of Missouri · 1879
- Springfield Railway Co. v. City of SpringfieldSupreme Court of Missouri · 1885
- State ex rel. Bell Telephone Co. v. FladMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. State Highway Commission v. WeinsteinSupreme Court of Missouri · 1959
- Marshall & Bruce Co. v. City of NashvilleTennessee Supreme Court · 1902
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- State Ex Rel. Kennedy v. RemmersSupreme Court of Missouri · 1936
- City of Lamar v. WeidmanMissouri Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.