Ransom v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. This is a suit to enjoin defendants from laying a track for a street railway, along a certain street in the city of St. Joseph. Upon demurrer the circuit court held that the petition did not state a cause of action for equitable relief. Plaintiff appealed.
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Appeal from Buchanan Circuit Court. This is a suit to enjoin defendants from laying a track for a street railway, along a certain street in the city of St. Joseph. Upon demurrer the circuit court held that the petition did not state a cause of action for equitable relief. Plaintiff appealed. The sections of the ordinance, construed in the opinion of the court, are as follows: “Sec. 1. That the right of way'of the city of St. Joseph is hereby granted to the Citizens’ Railway Company for the construction and operation of street railways in the city of St. Joseph, with the power and privileges…
1Opinion of the CourtBarclay, J.
— The facts of this controversy are undisputed. The only issue is one of law.
Plaintiff is a property-owner, whose land abuts on the street where the railway track, objected to, is about to be placed. The right to lay the track depends on the proper construction of a municipal ordinance of the city of St. Joseph, the material parts of which are recited in the statement accompanying this opinion.
The ordinance was passed in 1865. The company proceeded at once to construct its line accordingly. It ran from a point on Third street, near the Pacific House, along Francis, Sixth, Messanie and Eighth…
2Cited by9 opinions
- Ruckert v. Grand Avenue Railway Co.Supreme Court of Missouri · 1901
- Harrison v. Denver City Tramway Co.Supreme Court of Colorado · 1913
- Placke v. Union Depot Railroad Company.Supreme Court of Missouri · 1897
- Morie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Eastern Wisconsin Railway & Light Co. v. Winnebago Traction Co.Wisconsin Supreme Court · 1905
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