Tranbarger v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. William H. Martin, Judge. (1) The charter and franchise constitutes a contract between the State and the Louisiana & Missouri River Railroad Company and its privies, that is, its lessee.- United States v. Railroad, 118 U. S. 327. That a legislative grant is a contract has been repeatedly ruled.
Read the full summary
Appeal from Cole Circuit Court. — Hon. William H. Martin, Judge. (1) The charter and franchise constitutes a contract between the State and the Louisiana & Missouri River Railroad Company and its privies, that is, its lessee.- United States v. Railroad, 118 U. S. 327. That a legislative grant is a contract has been repeatedly ruled. Terrill v. Taylor, 9 Cranch, 50; Pawlett v. Clark, 9 Cranch. 332; Dartmouth College v. Woodward, 4 Wheat. 656; Charles River Bridge v. Warren Bridge, 11 Peters, 603; Walla Walla v. Water Co., 172 U. S. 9; Plovel v. Kansas City H. R. Co., 79 Mo. 632; State ex rel.…
1Opinion of the Court
OPINION.
Corporation: Vested Charter Rights. The first constitutional point insisted upon in appellant’s brief is claimed to arise upon the fact that the railroad, now in the hands of appellant as lessee, was built in 1873 under a State charter, and neither then or during the Act of 1907 did the law require such corporations to construct outlets through their railroad beds or embankments for the flow of surface water, which kind of water was then considered a common enemy to be warded off his premises by any land-owner, provided in so doing he did not collect or accumulate and cast it in a…
2Cases cited10 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Miller v. LetzerichTexas Supreme Court · 1932
- Mueller v. SchienSupreme Court of Missouri · 1943
- International & Great Northern Railroad v. ReaganTexas Supreme Court · 1932
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- State Ex Rel. Becker v. Wellston Sewer DistrictSupreme Court of Missouri · 1933
15 more not listed; retrieve them via the Exa API.