St. Louis & Meramec River Railroad v. City of Kirkwood
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzelj Judge. (1) The defendant was authorized to grant or refuse a franchise to plaintiff “to construct, maintain and operate an electric railroad.......on, along, over and upon” its streets. This right carried with it the power to prescribe the terms and conditions of such franchise.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzelj Judge. (1) The defendant was authorized to grant or refuse a franchise to plaintiff “to construct, maintain and operate an electric railroad.......on, along, over and upon” its streets. This right carried with it the power to prescribe the terms and conditions of such franchise. “The power conferred ■upon a city to give or withhold its consent to the construction of a railroad within its limits is not limited to saying ‘yes’ or ‘no.’ In giving such consent the city may attach conditions.” Constitution, sec. 20, art. 12; N. S.…
1Opinion of the CourtGantt, C. J.
This is a suit by the plaintiff to enjoin *243the city of Kirkwood and its officers from harassing it by a mriltiplicity of prosecutions for the violation of an ordinance of said city, known as “ordinance number 31,” which prohibits any corporation from running or operating any street railroad car or cars upon or over any route in the city of Kirkwood not authorized by the franchise granted to said corporation by the town or city of Kirkwood and making a violation thereof a misdemeanor punishable by a fine not less than $95, nor more than $100, or by imprisonment in the city prison for not less…
2Cases cited5 opinions
- State ex rel. Laclede Gaslight Co. v. MurphySupreme Court of Missouri · 1895
- Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891
- Grand Avenue Railway Co. v. Citizens' Railway Co.Supreme Court of Missouri · 1889
- Naylor v. GodmanSupreme Court of Missouri · 1891
- Grand Avenue Railway Co. v. Lindell Railway Co.Supreme Court of Missouri · 1899
3Cited by15 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hays v. City of Poplar BluffSupreme Court of Missouri · 1915
- City of St. Louis v. FischerSupreme Court of Missouri · 1902
- People v. SallowNew York Court of General Session of the Peace · 1917
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