Legal Opinion

Seibel-Suessdorf Copper & Iron Manufacturing Co. v. Manufacturers' Railway Co.

Supreme Court of Missouri

Decided July 19, 1910PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) Equity eases are beard de novo in tbe Supreme Court, and tbe court will review tbe whole case on tbe evidence.

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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) Equity eases are beard de novo in tbe Supreme Court, and tbe court will review tbe whole case on tbe evidence. McElroy v. Maxwell, 101 Mo. 294; Benne v. Schnecko, ÍO'O Mo. 2501; Blount v. Spratt, 113 Mo. 48; Lins v. Lenhardt, 127 Mo. 271; Courtney v. Blackwell, 150 Mo. 245-. (2) By tbe findings, judgment and decree of tbe court as rendered and entered, plaintiffs would be deprived of tbeir private property; and private property of plaintiffs would be damaged for public use, without just compensation, contrary to…

1Opinion of the CourtFox, J.

This is a proceeding in equity to enjoin the defendant Railroad Company from laying down a single track of standard gauge railway on Second street, in the city of St. Louis, from Poplar street, on the north, to Potomac street, on the south, a distance of about two- and a half miles.

From Poplar street, southwardly, to Convent street, a distance of 2275 feet, Second street has a width, between building lines, of 38 feet and 6 inches, with sidewalks on each side of 6 feet and 6 inches, leaving a roadway between curbs of 25 feet and 6 inches. From Convent street to Potomac street, the southern…

2Cases cited20 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
  3. State v. MartinSupreme Court of Missouri · 1894
  4. State v. WilliamsSupreme Court of Missouri · 1901
  5. Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894

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3Cited by16 opinions

  1. Fletcher v. City of IndependenceMissouri Court of Appeals · 1986
  2. Kinzel v. West Park Investment CorporationSupreme Court of Missouri · 1959
  3. Frechin v. ThorntonSupreme Court of Missouri · 1959
  4. Peters v. DoddSupreme Court of Missouri · 1959
  5. Picarella v. Great Atlantic & Pacific Tea CompanyMissouri Court of Appeals · 1958

11 more not listed; retrieve them via the Exa API.

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