Legal Opinion

State ex rel. United Railways Co. v. Public Service Commission

Supreme Court of Missouri

Decided March 24, 1917PublishedCited by 25 opinions

Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The Constitution provides that the privilege of operating a street railroad shall he acquired by securing the consent of the local authorities and this is the only manner in which such privilege can lawfully be acquired. Mo. Constitution, art. 12, sec. 20; Grand Ave.

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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) The Constitution provides that the privilege of operating a street railroad shall he acquired by securing the consent of the local authorities and this is the only manner in which such privilege can lawfully be acquired. Mo. Constitution, art. 12, sec. 20; Grand Ave. Railroad v. Lindell Railroad, 148 Mo. 637; State ex rel. v. Lindell Railroad, 151 Mo. 162. (2) While this consent may impose upon the grantee duties which are essentially public, it creates a relation ■which, in many respects is wholly contractual…

1Opinion of the CourtWalker, J.

— In April, 1914, complaints were filed with the Public Service Commission praying that an inquiry be made into the character of service rendered by the United Railways Company of the city of St. Louis. The specifications in said complaints were comprehensive and embraced many phases of street railway service. The Commission, after hearing evidence and making such other investigations and inquiries as it deemed proper, made an order, set forth under six headings or subdivisions. The first, third and fourth related to the manner in which the Railways Company was to operate, manage and conduct…

2Cases cited8 opinions

  1. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  2. State ex rel. Garner v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1905
  3. State v. WilsonSupreme Court of Missouri · 1915
  4. Locke v. RedmondCourt of Appeals of Kansas · 1897
  5. E. R. Darlington Lumber Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909

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3Cited by25 opinions

  1. Brown v. MorrisSupreme Court of Missouri · 1956
  2. Harfst v. HoegenSupreme Court of Missouri · 1942
  3. Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
  4. Stack v. General Baking Co.Supreme Court of Missouri · 1920
  5. Didlake v. Standard Ins. CoCourt of Appeals for the Tenth Circuit · 1952

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