Legal Opinion

State ex rel. City of St. Louis v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided December 31, 1914PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — Eon. J. Mugo Grimm, Judge. (1) Under the Public Service Commission law the Public Service Commission is vested with exclusive jurisdiction as to the matter of the separation of grade crossings, and, nothing having been done under said ordinance providing for the separation of grades at Chouteau avenue, this proceeding instituted by the city should be dismissed. Elec.

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Appeal from St. Louis City Circuit Court. — Eon. J. Mugo Grimm, Judge. (1) Under the Public Service Commission law the Public Service Commission is vested with exclusive jurisdiction as to the matter of the separation of grade crossings, and, nothing having been done under said ordinance providing for the separation of grades at Chouteau avenue, this proceeding instituted by the city should be dismissed. Elec. L. & P. Co. v. St. Louis, 253 Mo. 592; State ex rel. v. G-as Co.-, 254 Mo. 515; State ex rel. v. Superior Court, 120 Pac. 861; State ex rel. v. Railroad, 142 N. W. 185; Railroad v.…

1Opinion of the CourtBrown, J.

Mandamus to compel the submission of plans for a public viaduct. From a judgment for plaintiff defendant appeals.

On February 28, 1911, the city of St. Louis, Missouri, through its legislative department, duly enacted an ordinance which required the defendant, at its own expense, to construct a steel viaduct and approaches' thereto over defendant’s railroad tracks where the same cross Chouteau avenue, a public street of said city. This ordinance will hereafter be designated as the viaduct ordinance. The length, height, materials and general description of the proposed viaduct are recited in…

2Cases cited18 opinions

  1. Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
  2. State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
  3. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
  4. Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  5. American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912

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3Cited by10 opinions

  1. Stack v. General Baking Co.Supreme Court of Missouri · 1920
  2. City of Rolla v. RidenMissouri Court of Appeals · 1961
  3. State ex rel. Caruthers v. Little River Drainage DistrictSupreme Court of Missouri · 1917
  4. Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
  5. Bassen v. MoncktonSupreme Court of Missouri · 1925

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

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