Clark v. Pacific Railroad
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. I. Whenever a charter is granted for the purpose of constructing a railroad, and the corporation is clothed with the power to take private property in order to carry out the ob’ ject, it is an inference of law, from the extent of the power conferred and the subject matter of the grant, that the road is for public accommodation — Inabitants of Worcester v. The Western R.R. Co., 1 Am. Railw.
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Error to St. Louis Court of Common Pleas. I. Whenever a charter is granted for the purpose of constructing a railroad, and the corporation is clothed with the power to take private property in order to carry out the ob’ ject, it is an inference of law, from the extent of the power conferred and the subject matter of the grant, that the road is for public accommodation — Inabitants of Worcester v. The Western R.R. Co., 1 Am. Railw. C., 350 ; Sanford v. Railway Co., 24 Pa. 378; Weibert v. N. Y. & Erie R.R. Co., 2 Kern. 246; Pierce on Am. R.R. Law, 414-15. II. The public being so entitled to…
1Opinion of the CourtHolmes, Judge
This action is brought to recover the value of goods of the plaintiff, which were received by the carrier at Sedalia to be transported on the railroad and delivered to the plaintiff at St. Louis.
On the arrival of the train at Jefferson City the cars in which the plaintiff’s goods were carried were detached from the train and left there for one day, and other cars were taken up in their place and carried through safely to St. Louis in that train, and upon the arrival of those cars which had been left, at Miller’s Landing, on the train of the next day, the whole train was burned by the public…
2Cases cited1 opinion
- Parsons v. HardyNew York Supreme Court · 1835
3Cited by6 opinions
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Ballentine v. North Missouri RailroadSupreme Court of Missouri · 1867
- Francis v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
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