Legal Opinion

Morie v. St. Louis Transit Co.

Missouri Court of Appeals

Decided January 30, 1906PublishedCited by 6 opinions

Appeal from. St. Louis' County Circuit Court. — Eon. John W. McElhinney, Judge. That which the Legislature constitutionally authorizes, as the building of a street railroad in a public street, cannot be a nuisance per se.

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Appeal from. St. Louis' County Circuit Court. — Eon. John W. McElhinney, Judge. That which the Legislature constitutionally authorizes, as the building of a street railroad in a public street, cannot be a nuisance per se. Randle v. Railroad, 65 Mo. 332; Railroad v. Commonwealth, 73 Penn. 38; Glaessner v. Brewing Association, 100 Mo. 514; Tate v. Railroad, 64 Mo. 158; Porter v. Railroad, 33 Mo. 128; Lackland v. Railroad, 34 Mo. 259; Gates v. Railway, 111 Mo. 28; People v. Kerr, 27 N. Y. 188. The instructions given on behalf of plaintiff correctly declare the law applicable to the case, and,…

1Opinion of the CourtGood'E, J.

This action was brought to> recover the damages sustained by plaintiff from a personal injury for which he says the defendant is answerable. From a judgment in his favor, the defendant appealed. The accident happened near the intersection of Pine and Twelfth streets in St. Louis. The former of those streets runs east and west and the other north and south. The' defendant company has two street railway tracks on Pine street. These tracks are parallel; the south one being used by east-bound cars and the north one by those bound west. On Twelfth street there are likewise double tracks, of which…

2Cases cited22 opinions

  1. Schopp v. City of St. LouisSupreme Court of Missouri · 1893
  2. Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
  3. State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1884
  4. Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
  5. Porter v. North Missouri RailroadSupreme Court of Missouri · 1862

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3Cited by6 opinions

  1. District of Columbia v. CatonCourt of Appeals for the D.C. Circuit · 1918
  2. State ex rel. Detienne v. City of VandaliaMissouri Court of Appeals · 1906
  3. Whitehead v. Farhers' Fire & Lightning Mutual InsuranceMissouri Court of Appeals · 1933
  4. Asmus v. United Railways Co.Missouri Court of Appeals · 1911
  5. Foudry v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1908

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