Kinealy v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Plaintiffs’ petition alleged the incorporation of the North Missouri Railroad Company by special act, approved March 13th, 1850, for the purpose and with the power of constructing and operating a railroad from St. Louis to a p'oint in the northern boundary of the State; that, by an amendatory act, approved January 7th, 1853, said company was further empowered to extend and operate its road from St. Charles to St. Louis, provided all of…
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Appeal from St. Louis Court of Appeals. Plaintiffs’ petition alleged the incorporation of the North Missouri Railroad Company by special act, approved March 13th, 1850, for the purpose and with the power of constructing and operating a railroad from St. Louis to a p'oint in the northern boundary of the State; that, by an amendatory act, approved January 7th, 1853, said company was further empowered to extend and operate its road from St. Charles to St. Louis, provided all of said intended road should be completed prior to January 8th, 1861; that, prior to this last date said company…
1Opinion of the CourtSherwood, C. J.
l. kailko a ds : damages: change of route: withdrawal of trains: ter ifquestion^Sr the state only.
"Whether the defendant acted in violation of its charter, when constructing its new and with-drawing its trains from its old route past ° x Jennings station, is a question we do not ° 7 x ProPose to discuss, as it is a question which can only be raised by the State, except where such collateral inquiry, by a private citizen, is expressly granted by law. Martindale v. R. R. Co., 60 Mo. 510, and cases cited.
2_. damages aud^eouTiar! when'
But disregarding any consideration of this nature, plaintiffs’…
2Cases cited6 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Stone v. Fairbury, Pontiac & Northwestern RailroadIllinois Supreme Court · 1873
- Brainard v. Missisquoi R. R.Supreme Court of Vermont · 1874
- Martindale v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Bailey v. CulverSupreme Court of Missouri · 1884
- Bryan v. Louisville & N. R. Co.Court of Appeals for the Eighth Circuit · 1917
- Beatty v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
7 more not listed; retrieve them via the Exa API.