Southwest Missouri Railroad v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. The fact that the Constitution requires the consent of the municipal authorities to the grant of the use of the streets of such city for street railway purposes, does not prevent the Public Service Commission from granting to a street railway company relief from unreasonable requirements of an ordinance granting such franchise rights in the streets.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. The fact that the Constitution requires the consent of the municipal authorities to the grant of the use of the streets of such city for street railway purposes, does not prevent the Public Service Commission from granting to a street railway company relief from unreasonable requirements of an ordinance granting such franchise rights in the streets. A careful reading of Section 20 of Article 12 of the Constitution shows that the limitation on the power of the General Assembly is not general, but is strictly limited to the requirement…
1Opinion of the CourtBond, C. J.
— The plaintiff is an incorporated interurban railway company connecting Carthage, Joplin, Webb City and other towns in Missouri, and extending into Kansas. The construction of tins street railway in the City of Carthage was under and ordinance permitting the assignor of the company the user of a large number of local streets, and requiring in consideration thereof interurban connections by electric rapid transit, with certain other towns named in the ordinance. These interurban connections were duly constructed and are now fully maintained by plaintiff, which, also, as incidental thereto,…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
- Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by7 opinions
- City of Cape Girardeau v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1924
- State Ex Rel. McKittrick v. Missouri Standard Telephone Co.Supreme Court of Missouri · 1935
- State Ex Rel. Public Service Commission v. PadbergSupreme Court of Missouri · 1940
- State Ex Rel. City of Kirkwood v. Public Service CommissionSupreme Court of Missouri · 1932
- State ex rel. Kansas City Power & Light Co. v. Public Service CommissionSupreme Court of Missouri · 1925
2 more not listed; retrieve them via the Exa API.