St. Louis Transfer Railway Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Hon. Shebard Barclay, Judge. (1) The findings and order of the court appointing the commissioners are defective and erroneous.
Read the full summary
Appeal from 81. Louis City Circuit Court. — Hon. Shebard Barclay, Judge. (1) The findings and order of the court appointing the commissioners are defective and erroneous. Said findings wholly ignore the question of defendant’s title to the property over which its so-called “wild track,” near Trudeau street is laid—an issue which is specifically made by the pleadings in the case—and erroneously assume that said track is laid upon the public wharf or streets of the city of St. Louis. In re Railroad, 30 Am. & Eng. R. R. Cas. 294. (2) The report filed by the commissioners is indefinite,…
1Opinion of the CourtBlack, J.
The plaintiff, the St. Louis Transfer Railway Company, is a corporation organized under the laws of this state for the purpose of building and operating a transfer-railroad from the southern to the northern portion of the city of St. Louis. The proposed route, with two tracks, is, for the most part, along the public wharf of the city. The defendant has tracks and switches which are also located on the wharf. The plaintiff desired to join and unite with some of these tracks of the defendant, and to cross others, but was unable to come to any agreement with the defendant. Thereupon the…
2Cases cited2 opinions
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
- St. Louis & Florissant Railroad v. AlmerothSupreme Court of Missouri · 1876
3Cited by3 opinions
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- State ex rel. Mississippi River & Bonne Terre Railway Co. v. DearingSupreme Court of Missouri · 1903
- Island Creek R. R. v. Logan & Southern Ry. Co.West Virginia Supreme Court · 1911