Equitable Fire & Marine Insurance v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The right of way license, was executed for a good consideration, was valid and binding, is not against public policy or void, and is such a contract as defendant railroad company has a right to enter into between itself and parties desiring to put buildings or do business upon its right of way, and has been upheld uniformly by the courts of this and other States. Insurance Co. v. Railroad, 94 Mo.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The right of way license, was executed for a good consideration, was valid and binding, is not against public policy or void, and is such a contract as defendant railroad company has a right to enter into between itself and parties desiring to put buildings or do business upon its right of way, and has been upheld uniformly by the courts of this and other States. Insurance Co. v. Railroad, 94 Mo. App. 89; Insurance Co. v. Railroad, 94 Mo. App. 106; Ordelheide y. Railroad, 80 Mo. App. 357, 175 Mo. 337; Railroad y. Ordelheide, 172…
1Opinion of the CourtEllison, J.
Seven insurance companies and R. D. Davis instituted this action against the defendant railway company to recover from it the several sums of money they had been compelled to pay on property destroyed by fire which was caused through the negligence of defendant, which property was insured by such companies. The judgment in the circuit court was in favor of the defendant as to all the plaintiffs save two companies and Davis; as to them the judgment was against defendant. The two companies thus obtaining judgment were the German Alliance and the Orient. The losing companies acquiesced in the…
2Cases cited4 opinions
- Wilson v. BeckwithSupreme Court of Missouri · 1897
- Lumbermen's Mutual Insurance v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1899
- Hartford Fire Insurance v. Wabash Railway Co.Missouri Court of Appeals · 1898
- Lawrence v. HennessySupreme Court of Missouri · 1901
3Cited by4 opinions
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
- Niederhaus v. JacksonIndiana Court of Appeals · 1922
- Westre v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1924