Legal Opinion

State ex inf. Attorney-General v. Terminal Railroad

Supreme Court of Missouri

Decided June 2, 1904PublishedCited by 6 opinions

Quo Warranto. (1) In its popular sense, the term “railroad” includes all that are involved in the business of moving passengers and freight over a physical structure. Cent. Mo. Co. v. Railroad, 89 Fed. 560; Railroad v. Railroad, 46 N. J. L. 289; Railroad v. Railroad, 123 111. 594. The spirit and object of the constitutional inhibition must be regarded. It will not do to juggle with its technical meanihg. Railroad v. Jarvis, 15 Am. & Eng. R. R. Cas.

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Quo Warranto. (1) In its popular sense, the term “railroad” includes all that are involved in the business of moving passengers and freight over a physical structure. Cent. Mo. Co. v. Railroad, 89 Fed. 560; Railroad v. Railroad, 46 N. J. L. 289; Railroad v. Railroad, 123 111. 594. The spirit and object of the constitutional inhibition must be regarded. It will not do to juggle with its technical meanihg. Railroad v. Jarvis, 15 Am. & Eng. R. R. Cas. (N. S.) 459. The respondent, Terminal Railroad Association of St. Lonis, the St. Lonis Merchants Bridge Terminal Railway company, the St. Louis…

1Opinion of the CourtValliant, J.

This is a proceeding on information of the Attorney-General, the object of which is to exclude the respondent corporation from all corporate franchises, and to annul its charter, on the ground that it has violated the law of this State which prohibits a railroad company from consolidating with another company which owns or controls a parallel or competing line.

The information sets out in chronological order the several corporations that have been chartered to *291handle the terminal railroad business in St. Louis. Prom its statements the following facts may be gathered:

In 1874 the structure now…

2Cited by6 opinions

  1. State v. TummonsMissouri Court of Appeals · 1931
  2. Grand Trunk Ry. Co. v. Michigan Railroad CommissionDistrict Court, E.D. Michigan · 1912
  3. State v. Union Ry. Co.Tennessee Supreme Court · 1914
  4. Treadway v. Terminal Railroad Ass'n of St. LouisMissouri Court of Appeals · 1935
  5. Norfolk & Western Railway Co. v. Continental Grain Co.District Court, E.D. Missouri · 1979

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