Legal Opinion

State Ex Rel. McAllister v. Cupples Station Light, Heat & Power Co.

Supreme Court of Missouri

Decided June 19, 1920PublishedCited by 14 opinions

Quo Warranto. (1) The streets of St. Louis are dedicated to public uses only, and they are held by that municipality in trust for such uses. 'State ex rel. Underground Service Co. v. Murphy, 134 Mo. 564; Glasgow v. St. Louis, 87 Mo. 682. (2) The laws under which respondent is and was incorporated conditioned its right to lay conductors for conveying electricity through the streets, lanes, alleys and squares of any city (including St. Louis) upon the consent of such city.

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Quo Warranto. (1) The streets of St. Louis are dedicated to public uses only, and they are held by that municipality in trust for such uses. 'State ex rel. Underground Service Co. v. Murphy, 134 Mo. 564; Glasgow v. St. Louis, 87 Mo. 682. (2) The laws under which respondent is and was incorporated conditioned its right to lay conductors for conveying electricity through the streets, lanes, alleys and squares of any city (including St. Louis) upon the consent of such city. State ex inf. v. Light & Power Co., 246 Mo. 666; R. S. 1909, ch. 33, art. 7, sec. 3367; Jovce on Franchises, sec. 6; People…

1Opinion of the CourtWilliamson, J.

This is a proceeding by quo warranto, in which the State, .at the relation of the Attorney-General, seeks to have this court determine by what authority the respondent claims to have the right to occupy certain of the public ways of the City of St. Louis in the prosecution of its business of furnishing the public with electric light, heat and power.. Hpon the filing of the petition, an order to show cause was duly issued and respondent made its return thereto, making certain issues of law and of fact. Thereupon, Hon. Charles G. Revelle was appointed a commissioner to hear the evidence and…

2Cases cited23 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. United States v. MooreSupreme Court of the United States · 1878
  3. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  4. United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
  5. Heath v. WallaceSupreme Court of the United States · 1891

18 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. STATE EX INF. DANFORTH v. MerrellSupreme Court of Missouri · 1975
  2. State Ex Rel. Barrett v. First National BankSupreme Court of Missouri · 1923
  3. Park v. Sinclair Refining Co.Court of Appeals of Tennessee · 1940
  4. State Ex Rel. Karbe v. BaderSupreme Court of Missouri · 1934
  5. Union Electric Company v. City of CrestwoodSupreme Court of Missouri · 1973

9 more not listed; retrieve them via the Exa API.

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