Legal Opinion

Gorman v. Chicago, Burlington & Quincy Railroad

Supreme Court of Missouri

Decided March 3, 1914PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) Defendant railroad’s solid embankment across Aurora avenue, totally obstructing’ it, is a public nuisance which, the city did not and could not authorize.

Read the full summary

Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) Defendant railroad’s solid embankment across Aurora avenue, totally obstructing’ it, is a public nuisance which, the city did not and could not authorize. Lackland v. Railroad, 31 Mo. 180; Lockwood v. Railroad, 122 Mo. 86; Knapp, Stout & Co. v. Railroad, 126 Mo. 37; State ex rel. v. Murphy, 134 Mo. 562; Corby v. Railroad, 150 Mo. 457; Sluder v. Transit Co., 189 Mo. 130; State ex rel. v. Railroad, 206 Mo. 261; Morie' v. Transit Co., 116 Mo. App. 12; Donner v. Railroad, 133 Mo. App. 527. (2) As plaintiff’s property…

1Opinion of the Court

BROWN, C.

This suit was commenced in the circuit court for the city of St. Louis, December 28, 1909. The amended petition filed January 17, 1910, is, caption and signature omitted, as follows:

“Plaintiff by leave of court files this, her amended petition, and states that the defendant Chicago, Burlington & Quincy Railroad Company is and was at all the times hereinafter mentioned a railroad corporation and the defendant city of St. Louis is a municipal corporation and political subdivision of the State of Missouri; that plaintiff is the widow of Francis Gorman, who died at the city of St. Louis…

2Cases cited10 opinions

  1. Rude v. City of St. LouisSupreme Court of Missouri · 1887
  2. Glasgow v. St. LouisSupreme Court of Missouri · 1891
  3. Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
  4. Heinrich v. City of St. LouisSupreme Court of Missouri · 1894
  5. Fairchild v. City of St. LouisSupreme Court of Missouri · 1888

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

3Cited by16 opinions

  1. State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
  2. Marks v. Bettendorf's, Inc.Missouri Court of Appeals · 1960
  3. Arcadia Realty Co. v. City of St. Louis.Supreme Court of Missouri · 1930
  4. Siemers v. St. Louis Electric Terminal Railway Co.Supreme Court of Missouri · 1941
  5. State Ex Rel. State Highway Commission v. JohnsonSupreme Court of Missouri · 1956

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API