Porter v. North Missouri Railroad
Supreme Court of Missouri
Error to St. Charles Circuit Court. This cause is brought here on a writ of error from a judgment of the Circuit Court of St. Charles county, on an action to recover damages against defendant for using the street in front of plaintiff’s lot in the town of St. Charles as a railroad track.
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Error to St. Charles Circuit Court. This cause is brought here on a writ of error from a judgment of the Circuit Court of St. Charles county, on an action to recover damages against defendant for using the street in front of plaintiff’s lot in the town of St. Charles as a railroad track. Plaintiff in his petition stated that he was owner of the lot; that he had a largo brick dwelling-house and other improvements on said lot; defendant constructed its railroad track along Main street in front of plaintiff’s lot to use the same, whereby the street was greatly obstructed ; that prior to said…
1Opinion of the CourtBates, Judge
The principal question which arises in this case is one of great difficulty, concerning which there is much diversity of opinion. It may be stated as follows :
Is the use of a street or other public highway for the purposes of a railroad an authorized and legitimate mode of enjoying the public easement ?
The charter of the North Missouri Railroad Company authorized it to build the road “ along or across any State or county road, or street, or wharves of any town or city; ” “ and said railroad shall not he so constructed as to prevent the public from using any road, street or highway along or…
2Cited by27 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
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