St. Louis & San Francisco Railroad v. Gordon
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — I-Ion. L. B. Woodside, Judge. (1) Does the statute requiring railroad companies to construct crossings of a certain character where its railroad crosses “public roads or streets now or hereafter to be opened for public use” R. S. 1899, sec. 1103 permit roads or streets to be opened across the right of way and tracks of a railroad company without compensation — without any proceeding to condemn such right — in short, without “process of…
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Appeal from Laclede Circuit Court. — I-Ion. L. B. Woodside, Judge. (1) Does the statute requiring railroad companies to construct crossings of a certain character where its railroad crosses “public roads or streets now or hereafter to be opened for public use” R. S. 1899, sec. 1103 permit roads or streets to be opened across the right of way and tracks of a railroad company without compensation — without any proceeding to condemn such right — in short, without “process of law,” or does it mean that such crossings shall be constructed as to roads or streets “hereafter to be opened for public…
1Opinion of the CourtMarshall, J.
This is an injunction suit to enjoin the defendant, Gordon, as mayor, and the defendant Bradshaw, as street commissioner, of the village of Conway, in Laclede county, from opening Washington avenue and Ruby street across the plaintiff’s right of way. A temporary in-junction was granted, which upon final hearing was dissolved, the bill dismissed and plaintiff appealed.
The petition alleges that the defendants are undertaking to lay out said streets across the right of way without any authority of law, and that to permit them to do so would be *74to deprive the ■ plaintiff of its property without…
2Cases cited9 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Chicago & Northwestern Railway Co. v. Town of CiceroIllinois Supreme Court · 1895
- Buschmann v. LouisSupreme Court of Missouri · 1894
- Chicago & Grand Trunk Railway Co. v. HoughMichigan Supreme Court · 1886
- City of Hannibal v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Southern Kansas Railway Co. v. City of OklahomaSupreme Court of Oklahoma · 1902
- City of Atlanta v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1909
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. Cape Girardeau Bell Telephone Co.Missouri Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.