Swinhart v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Now. John W. McElhinney, Judge. (1) The court erred in not dismissing the petition of the plaintiff: (a) Because there was a failure on the part of plaintiff to prove material and necessary allegations in his petition, in that he failed to show that the track of defendant was laid without the authority of the county or State and against his own protest and objection.
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Appeal from St. Louis County Circuit Court. — Now. John W. McElhinney, Judge. (1) The court erred in not dismissing the petition of the plaintiff: (a) Because there was a failure on the part of plaintiff to prove material and necessary allegations in his petition, in that he failed to show that the track of defendant was laid without the authority of the county or State and against his own protest and objection. G-reenleaf on Evidence (14 Ed.), secs. 74 and 80; Bank v. Dandridge, 12 Wheat. 64; 1 Jones on Evidence, sec. 50; State ex rel. v. Kupferle, 44 Mo. 158; Ins. Co. v. Smith, 73 Mo. 371;…
1Opinion of the CourtCraves, J.
— One could adopt the statement made of this case by counsel either for plaintiff or defendant, and not be far wrong. However, with a view to brevity, and to bring out one or two. salient features a little more fully, we do not so do, but attempt the task ourselves.
Plaintiffs are abutting property-owners on the north side of Horton Place shown to be a public thoroughfare, sixty feet in width. Horton Place extends over and across the corporate line separating St. Louis county and the city of St. Louis, and is therefore both in the city and county of St. Louis; but plaintiff’s property lies in…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
- State v. LipscombSupreme Court of Missouri · 1873
- Price v. HallettSupreme Court of Missouri · 1897
- State v. EdwardsSupreme Court of Missouri · 1875
3Cited by9 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Link v. JacksonMissouri Court of Appeals · 1911
- Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
- Schneider v. ManeySupreme Court of Missouri · 1912
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
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