Ruddick v. St. Louis, Keokuk & Northwestern Railway Co.
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. B. E. Turner,, Judge, (1) The j>ass to Mrs. Ruddick and family must be considered as a gift or advancement from plaintiff to ber. The land never having reverted to plaintiff for want of an entry by him upon the same, would leave the pass the property of Mrs. Ruddick, and she alone could sue for refusal to renew the pass, or to pass her over the railroad.
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Appeal from Clark Circuit Court. — Hon. B. E. Turner,, Judge, (1) The j>ass to Mrs. Ruddick and family must be considered as a gift or advancement from plaintiff to ber. The land never having reverted to plaintiff for want of an entry by him upon the same, would leave the pass the property of Mrs. Ruddick, and she alone could sue for refusal to renew the pass, or to pass her over the railroad. There cah be no resulting trust in favor of the plaintiff in regard to money paid by him for the pass for her; nor in regard to the consideration therefor, and he has no cause of action for her interest…
1Opinion of the CourtBurgess, J.
—This is an action at law tried by a jury. The case is that plaintiff was the owner of a large tract of land lying in a body, partly in the county of Clark axxd partly in the county of Lewis, in the state of Missouri. On the tenth day of July, 1872, he conveyed *29to the Mississippi Valley & Western Railway Company a right of way over certain of this land in Clark county, for the consideration of $1.00 in money and an agreement on the part of the railway company, incorporated in the deed, to furnish the plaintiff with an annual pass during the period of his natural life, over the company’s…
2Cases cited9 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Fonda v. SageNew York Supreme Court · 1866
- Masterson v. West End Narrow Gauge RailroadSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
- Dickey v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Phillips v. GreenMissouri Court of Appeals · 1905
- Pierce Fordyce Oil Ass'n v. WoodrumCourt of Appeals of Texas · 1916