Foudry v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. One track of a steam railway in an alley where no sidewalks would be required, the alley being sixteen feet wide, was held to be a monopoly of the alley. Sherlock y. Railway, 1'42 Mo. 172. Again this court held that where an ordinance required the operations of a horse railway every fifteen minutes, in Olive alley, which was twenty feet wide, it was a monopoly of the .alley. Watson v. Railway, 69 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. One track of a steam railway in an alley where no sidewalks would be required, the alley being sixteen feet wide, was held to be a monopoly of the alley. Sherlock y. Railway, 1'42 Mo. 172. Again this court held that where an ordinance required the operations of a horse railway every fifteen minutes, in Olive alley, which was twenty feet wide, it was a monopoly of the .alley. Watson v. Railway, 69 Mo. App. 548. Two tracks in a forty-foot street from curb to curb was like; wise held unlawful. Dry Goods Co. v. Railway, 41 Mo. App.…
1Opinion of the CourtGoode, J.
(after stating the facts). — The rules of law applicable to a case of this kind have been ex*112pounded in a series of decisions extending from Lackland v. Railroad, 31 Mo. 180, to De Geofroy v. Railroad, 179 Mo. 698, 79 S. W. 386. According to those decisions a railway company, acting under a license from the proper authority, may lay its track along the established grade of a public street and operate trains thereon, without becoming liable in damages to the owners of abutting property, unless the damage is occasioned by lack of reasonable care and skill in doing the work. The theory of the…
2Cases cited19 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
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3Cited by2 opinions
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Stout v. FrickSupreme Court of Missouri · 1933