State ex rel. Greffet v. Williams
Supreme Court of Missouri
Prohibition. (1) The abutting property-owners, or any of thein, have not consented to the construction, maintenance or operation by respondent railroad company of a general railroad for the conveyance of freight, or of other than a street railway, and without that consent respondent railway company cannot operate such a railroad on or across any streets of St. Louis, and therefore cannot condemn property for such a railroad in that city.
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Prohibition. (1) The abutting property-owners, or any of thein, have not consented to the construction, maintenance or operation by respondent railroad company of a general railroad for the conveyance of freight, or of other than a street railway, and without that consent respondent railway company cannot operate such a railroad on or across any streets of St. Louis, and therefore cannot condemn property for such a railroad in that city. R. S. 1899, sec. 6119. (2) The St. Louis Electric Terminal Railway Company cannot lawfully operate a standard railroad carrying freight as well as…
1Dissent
DISSENTING OPINION.
GANTT, J.
— I cannot concur in the views of my brethren. Conceding that the circuit court is a court of general jurisdiction and under the general statutes has jurisdiction of proceedings to condemn private *50property for public use, and conceding moreover that a railroad is for public use and that the St. Louis Electrical Railway Company is organized under the steam railway law with authority to transx>ort persons and property, still inasmuch as the property of relator is situated in the city of St. Louis and the municipal assembly of said city has only granted said company…
2Cases cited16 opinions
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. BakerSupreme Court of Missouri · 1890
- Thompson-Houston Electric Co. v. SimonOregon Supreme Court · 1890
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