McFarland v. Mississippi River & Bonne Terre Railway Co.
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — No». Jas. D. Fox, Judge. (1) The statute upon which, plaintiff grounds the second count of this cause of action is unconstitutional, for the reason that it seeks to take defendant’s property without due process of law, and denies to railroad corporations the protection of the laws as guaranteed to them under the fourteenth amendment to the United States Constitution, and is also in contravention to that clause of our Constitution…
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Appeal from St. Francois Circuit Court. — No». Jas. D. Fox, Judge. (1) The statute upon which, plaintiff grounds the second count of this cause of action is unconstitutional, for the reason that it seeks to take defendant’s property without due process of law, and denies to railroad corporations the protection of the laws as guaranteed to them under the fourteenth amendment to the United States Constitution, and is also in contravention to that clause of our Constitution which provides that private property shall not be taken for private use. Railroad v. Ellis, 165 U. S. 150. (2) This statute…
1Opinion of the Court
BURGESS, J. J.
— The petition in this case is in two counts. The first count is as follows:
Plaintiff states that W. P. Mitchell is, and was at Ihe times hereinafter mentioned, the owner of certain premises in the county of St. Francois, being the premises on which the said "W. F. Mitchell then and now resides ; that plaintiff had located on said premises of W. P. Mitchell, with his knowledge and consent, twenty-six cords of wood; that on the 6th day of September, 1899, defendant was and is a corporation owning and operating a railroad in and through the county of St. *425Francois, State of…
2Cases cited1 opinion
- Scott v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
3Cited by6 opinions
- Brown v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1917
- Skinner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1914
- United States v. St. Louis Southwestern Ry. Co.Court of Appeals for the Fifth Circuit · 1910
- Williamson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1905
- Bloomchamp v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1922
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