Legal Opinion

State ex rel. Star Publishing Co. v. Associated Press

Supreme Court of Missouri

Decided January 25, 1901PublishedCited by 50 opinions

Mandamus. (1) The business of collecting, distributing and vending news to a great number of newspapers throughout the United States is, under the principles of the common law, and wholly without reference to the circumstances of the defendant, being a corporation and the grantee of important franchises, including the delegated right of eminent domain — a business affected with a public interest, which therefore -is not juris privati and in respect to which the defendant is…

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Mandamus. (1) The business of collecting, distributing and vending news to a great number of newspapers throughout the United States is, under the principles of the common law, and wholly without reference to the circumstances of the defendant, being a corporation and the grantee of important franchises, including the delegated right of eminent domain — a business affected with a public interest, which therefore -is not juris privati and in respect to which the defendant is bound to serve all members of the public applying for its news service equally, under equal conditions. Lord Hale’s…

1Opinion of the CourtSherwood, J.

The object of this original proceeding is to compel respondent, the Associated Press, to furnish to the Star Publishing Company for publication in its newspaper, “The Star,” the budget of news collected daily by respondent, and also its Saturday night news reports.

Relator avers tender of a sum above that for which other papers of St. Louis are served by respondent with such news, and also avers demand made on respondent for furnishing to it its Sunday morning reports as per contract, and for such daily news reports, and its refusal to furnish the same.

Relator also alleges: “That the relator…

2Cases cited48 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  4. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  5. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894

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3Cited by50 opinions

  1. Matter of Walsh v. LaguardiaNew York Court of Appeals · 1936
  2. Rohlf v. KasemeierSupreme Court of Iowa · 1908
  3. Butler v. KemmererSupreme Court of Pennsylvania · 1907
  4. State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
  5. State ex rel. Kansas City v. OrearSupreme Court of Missouri · 1919

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