Schulenburg & Boeckeler Lumber Co. v. St. Louis, Keokuk & Northwestern Railroad
Supreme Court of Missouri
Appeal from 'St. Louis City Circuit Court. (1) Defendant acquired, under city ordinance number 15377, no right or authority to construct its tracks on Hall street, so as to obtain a monopoly of the use of the street and so as to destroy the same for the purposes for which it was dedicated, to wit, for the use of the public generally.
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Appeal from 'St. Louis City Circuit Court. (1) Defendant acquired, under city ordinance number 15377, no right or authority to construct its tracks on Hall street, so as to obtain a monopoly of the use of the street and so as to destroy the same for the purposes for which it was dedicated, to wit, for the use of the public generally. R. S. 1889, sec. 2543; Lockwood v. Railroad, 26 S. W. Rep. 698; Knapp, Stout & Co. v. St. Louis Transfer Co., 28 S. W. Rep. 627; Lackland v. Railroad, 31 Mo. 180; Lackland v. Railroad, 34 Mo. 274; Porter v. Railroad, 33 Mo. 128; Tatev. Railroad, 64 Mo. 149; Cross…
1Opinion of the CourtMacfarlane, J.
Plaintiff, a business corporation, sues defendant, a railroad corporation, the object of which was to enjoin defendant from building and maintaining double tracks of its railway on the east side of Hall street, in front of plaintiff’s property. A demurrer to the petition was sustained and plaintiff appealed. •
The facts as shown by the petition are in substance as - follows: Hall street, one hundred feet in width, runs north and south in the city of St. Louis. Plaintiff owns land fronting on the east side of said street eight hundred and eighty feet. He acquired and uses *461said land for a lumber…
2Cases cited2 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
3Cited by14 opinions
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Sherlock v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1897
- State ex rel. Belt v. City of St. LouisSupreme Court of Missouri · 1901
- Nagel v. Lindell Railway Co.Supreme Court of Missouri · 1902
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