City of St. Louis v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) An ordinance to be valid must be reasonable. Dillon on Mun. Corp. (4 Ed.), sec. 319; Corrigan v. Gage, 68 Mo. 541. (2) A contract should always be given a just, fair and reasonable construction. 17 Am. and Eng. Eney. Law (2 Ed.) 18; 9 Cyc. Law and Proc. 587; Clarke on Contracts (Ed. 1894) 593, 595; Lawson on Contracts, see. 389; McManus v. Shoe Co., 60 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) An ordinance to be valid must be reasonable. Dillon on Mun. Corp. (4 Ed.), sec. 319; Corrigan v. Gage, 68 Mo. 541. (2) A contract should always be given a just, fair and reasonable construction. 17 Am. and Eng. Eney. Law (2 Ed.) 18; 9 Cyc. Law and Proc. 587; Clarke on Contracts (Ed. 1894) 593, 595; Lawson on Contracts, see. 389; McManus v. Shoe Co., 60 Mo. App. 216. (3) In construing a contract, the law will imply whatever is necessary to give it a just, fair and reasonable meaning, and to carry out what is…
1Opinion of the CourtLamm, P. J.
Defendants appeal from- a judgment in favor of plaintiff city for $15,000, with interest at six per cent per annum from April 1, 1904, aggregating $17,507.50, for building a bridge on Kings Highway over their tracks.
In June, 1881, the Municipal Assembly of the city of St. Louis passed an ordinance, No. 11725, authorizing the defendant railway company to enter the city from the west on the condition, inter alia, that it accept the ordinance. Due acceptance was made, and presently it ran its tracks into the city by virtue of such ordinance and acceptance.
In 1896 defendant railroad company…
2Cases cited2 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- The Binghamton BridgeSupreme Court of the United States · 1866
3Cited by10 opinions
- Busch & Latta Painting Corp. v. State Highway CommissionMissouri Court of Appeals · 1980
- First National Bank v. Produce Exchange BankSupreme Court of Missouri · 1935
- John Deere Co. v. HensleySupreme Court of Missouri · 1975
- State Ex Rel. National Life Insurance v. AllenSupreme Court of Missouri · 1923
- Citizens Trust Co. v. TindleSupreme Court of Missouri · 1917
5 more not listed; retrieve them via the Exa API.