Des Moines & Mississippi Levee District No. 1 v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Charles D. Steioart, Judge. (1) The statute was passed after the railroad had been constructed and was an attempt to take from it just that much property and thereby impaired the obligation of the contract and violated both the State and Federal Constitutions. Cooley’s Const. Lim., p. 721; Sturges v. Carter, 114 U. S. 519 ; Bailey v. Railroad, 4 How.
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Appeal from Clark Circuit Court. — Hon. Charles D. Steioart, Judge. (1) The statute was passed after the railroad had been constructed and was an attempt to take from it just that much property and thereby impaired the obligation of the contract and violated both the State and Federal Constitutions. Cooley’s Const. Lim., p. 721; Sturges v. Carter, 114 U. S. 519 ; Bailey v. Railroad, 4 How. (Del.) 389; Bridge Co. v. State, 18 Conn! 53; Railroad v. Chappel, 124 Mich. 72; People v. Railroad, 52 Mich. 277; Klnnie v. Bare, 68 Mich. 625;. Re Cheeseborough, 78 N. T. 232. And the doctrine is…
1Opinion of the CourtGraves, P. J.
The plaintiff, “The Des Moines and Mississippi Levee District Number One,” under its corporate name filed its petition in the circuit court of Clark county, August 24, 1908, asking that the defendant railway company be summoned into court to show cause, if any it had, why its roadbed and .right of way should not be included in and made part of the levee district and be assessed with such benefits *620as it had received or might thereafter receive hy reason of the improvements made and to be made by the said levee district. The petition was filed under the Act of 1907, and that portion relating to…
2Cases cited26 opinions
- Sears v. CottrellMichigan Supreme Court · 1858
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
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3Cited by6 opinions
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- City of Alcoa v. Louisville & N. R.Tennessee Supreme Court · 1925
- State ex rel. Collins v. RooneySupreme Court of Missouri · 1950
- Delpit v. United States Shipping Board Emergency Fleet Corp.California Court of Appeal · 1931
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