Legal Opinion

Missouri-Edison Electric Co. v. Weber

Missouri Court of Appeals

Decided November 3, 1903Published

Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. (1) Plaintiffs were occupants of the highway under lawful authority. As such they possessed a qualified ownership in the surface of the highway to the extent occupied by them. McQuillin, Municipal Code, sec. 1087; State ex rel. v. St. Louis, 145 Mo. 551; Joyce-on Electric Law, secs. 420, 436; Elliott on Roads and Streets, secs. 44a, 810; Tel.

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Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. (1) Plaintiffs were occupants of the highway under lawful authority. As such they possessed a qualified ownership in the surface of the highway to the extent occupied by them. McQuillin, Municipal Code, sec. 1087; State ex rel. v. St. Louis, 145 Mo. 551; Joyce-on Electric Law, secs. 420, 436; Elliott on Roads and Streets, secs. 44a, 810; Tel. Co. v. Baltimore (Md.), 43-Atl. 784; Town of Troy v. Railroad, 23 N. H. 83; Bidleman v. State, 110 N. Y. 232; Railroad v. Greenup Co., 12' Ky. L; R. 46; Railroad v. Whiteby-Co.,95 Ky.…

1Opinion of the CourtGoode, J.

This appeal is from an order refusing to set aside an involuntary nonsuit in an action for damages for injuries caused to a manhole by negligently and recklessly driving a wagon containing a great and uncommon load across it. The plaintiffs are all electric lighting companies organized under the laws of the State of Missouri and joint owners of the manhole. Said corporations had constructed conduits under the surface of the streets, in which their wires were stretched, and manholes that afforded access to the'conduits for the purpose of making repairs. The ordinances of the city require wires…

2Cases cited11 opinions

  1. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  2. Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
  3. State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
  4. Fulton Iron & Engine Works v. Township of KimballMichigan Supreme Court · 1883
  5. Board of Commissioners v. ChippsIndiana Supreme Court · 1892

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