Missouri Ex Rel. Laclede Gas Light Co. v. Murphy
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The Laclede Gas Light Company fiied its petition for mandamus in “the name of the State óf Missouri, on its relation, against Michael J. Murphy, street commissioner of the city, of St. Louis, on November 26, 1894, in the Supreme Court of that State.
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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The Laclede Gas Light Company fiied its petition for mandamus in “the name of the State óf Missouri, on its relation, against Michael J. Murphy, street commissioner of the city, of St. Louis, on November 26, 1894, in the Supreme Court of that State. This petition stated that the relator was incorporated by an act of the general assembly of Missouri, approved March.. 2, 1857, which was amended by an act approved March 3,1857, and' by an act approved March 26, 1868; and set forth the three acts in extenso. The'fifth section of the act of…
1Opinion of the Court
Mr. Chief Justice Fuller,
after stating the case, delivered the opinion of the court.. Mandamus lies to compel a party to do that which it is his •duty to do, bul can confer no new authority,’ and the party to be coerced must have the power.to perform the act. Brownsville v. Loague, 129 U. S. 493, 501.
On the facts disclosed by the record, was it the duty of the street commissioner to -issue a permit to the company to make excavations on Broadway so that it might place electric wires under the surface of the street ?
The Supreme Court of the State held that it was not the duty of the street…
2Cases cited4 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- People Ex Rel. New York Electric Lines Co. v. SquireSupreme Court of the United States · 1892
3Cited by29 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Person v. DoughtonSupreme Court of North Carolina · 1923
- Western Union Telegraph Co. v. City of RichmondSupreme Court of the United States · 1912
- State Ex Rel. Harkow v. McCarthySupreme Court of Florida · 1936
- Person v. . DoughtonSupreme Court of North Carolina · 1923
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