Legal Opinion

Gilsonite Construction Co. v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Missouri

Decided March 1, 1912PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) The judgment of the trial court makes the railway company liable without regard to the question of benefits to its property. It tbns violates, the ‘ ‘ due process” clause of the Fourteenth Amendment of the Federal Constitution, and of section 30, article 2, of the Constitution of Missouri.

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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. (1) The judgment of the trial court makes the railway company liable without regard to the question of benefits to its property. It tbns violates, the ‘ ‘ due process” clause of the Fourteenth Amendment of the Federal Constitution, and of section 30, article 2, of the Constitution of Missouri. Norwood v. Baker, 172 U. S. 269; French v. Paving Co., 18l U. S. 324; Martin v. District of Columbia, 205 U. S. ■ 135; Lyon v. Tonawanda, 181 IT. S. 389; Farm Co. v. Detroit, 181 IT. S. 395; Detroit v. Parker, 181 IT. S. 399; Elliott…

1Opinion of the Court

WOODSON, J.-

This is a suit to collect fourteen special taxbills, duly issued by the city of St. Louis, in favor of the plaintiff and against the defendant, in payment of materials furnished and labor performed *653in the reconstruction of a street in said city, known as Broadway, cloné in pursuance to a contract made by and between it and the city, in conformity to the charter and ordinances thereof. The petition contained fourteen counts.

The property .of the plaintiff charged with said taxbills consists of its right of way, and is located within the area of the district defined by the ordinance…

2Cases cited13 opinions

  1. Davidson v. New OrleansSupreme Court of the United States · 1878
  2. Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
  3. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  4. Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
  5. Tonawanda v. LyonSupreme Court of the United States · 1901

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

3Cited by6 opinions

  1. In the Matter of Chicago and North Western Railway CompanyWyoming Supreme Court · 1952
  2. Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
  3. Drainage District Number One v. Bates CountySupreme Court of Missouri · 1916
  4. City of Higginsville Ex Rel. Kasco, Inc. v. Alton RailroadMissouri Court of Appeals · 1943
  5. City of Alcoa v. Louisville & N. R.Tennessee Supreme Court · 1925

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

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