Atlantic & Pacific R. R. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was a suit for an injection brought by the Atlantic & Pacific Railroad Company against the city of St. Louis, its mayor, city engineer and other officers, agents and servants, to restrain them from tearing up or otherwise interfering with a railroad track which had been laid down by the plaintiff’ company in Poplar street and on the Levee in that city.
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Appeal from St. Louis Court of Appeals. This was a suit for an injection brought by the Atlantic & Pacific Railroad Company against the city of St. Louis, its mayor, city engineer and other officers, agents and servants, to restrain them from tearing up or otherwise interfering with a railroad track which had been laid down by the plaintiff’ company in Poplar street and on the Levee in that city. Plaintiff claimed that it derived the right to lay and maintain the track from the charter of the Pacific Railroad Company, through a lease which it had taken of the road, property and franchises of…
1Opinion of the CourtHenry, J.
— The principal questions for consideration are.
1st. Had the Pacific Railroad Company the right to lay its track along Poplar street at the time it was placed there by the company ?
•2d. If so, was that right acquired from the State, or from the city of St. Louis?
3d. Did the Atlantic & Pacific Railroad Company, under the lease from the Pacific Railroad Company, acquire the property and franchises of the latter; and if the Pacific company had the right to lay, maintain and operate said track, was that right acquired by the Atlantic & Pacific company under said lease ?
This last question will be…
2Cases cited6 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860
- Attorney General v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1874
- Mississippi & Tennessee Railroad v. DevaneyMississippi Supreme Court · 1869
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3Cited by21 opinions
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- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
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