City of St. Louis v. Missouri Railroad
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction, Noonan, J. The municipal assembly of the city of St. Louis, under its present charter, has no power to pass ordinances inconsistent with the laws of the state, and no power to disregard the regulations and exemptions prescribed by general law before the adoption. of the city charter in respect to stréet railroads. — St. Louis R. Go. v. South St. Louis JR. Go., 72 Mo. 67; St. Louis R. Go. v. Northwestern R. Go., 69 Mo.…
Read the full summary
Appeal from the St. Louis Court of Criminal Correction, Noonan, J. The municipal assembly of the city of St. Louis, under its present charter, has no power to pass ordinances inconsistent with the laws of the state, and no power to disregard the regulations and exemptions prescribed by general law before the adoption. of the city charter in respect to stréet railroads. — St. Louis R. Go. v. South St. Louis JR. Go., 72 Mo. 67; St. Louis R. Go. v. Northwestern R. Go., 69 Mo. 65. Where a law makes express exceptions, or express conditions to the enjoyment of its benefits, no others will be…
1Opinion of the CourtThompson, J.
The only question which we have to consider in this case is, whether the Missouri Kailroad Company is bound, under a general ordinance of the city of St. Louis relating to street railways, to keep the streets for a space of twelve inches outside the rails of its track, in repair, on that part of its road which extends from Grand Avenue to Tower Grove Park.
The charter of the city of St. Louis contains this provision: “ Street railroad companies shall keep the streets between the rails, and to the extent of twelve inches outside of each rail, in perfect repair, as nearly on a level with such…
2Cases cited4 opinions
- Home of the Friendless v. RouseSupreme Court of the United States · 1869
- Minturn v. LarueSupreme Court of the United States · 1860
- Ruggles v. CollierSupreme Court of Missouri · 1869
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
3Cited by3 opinions
- State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1884
- City of Wyandotte v. CorriganSupreme Court of Kansas · 1886
- St. Louis Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891