Legal Opinion

Placke v. Union Depot Railroad Company.

Supreme Court of Missouri

Decided July 6, 1897PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. The question involved in this case is whether or not the city of St. Louis has a right to allow its streets to be used by corporations in operating their cars in such a manner as to interfere with the reasonable use of said streets by the public and in such a manner as to interfere with the business of the owner of the property abutting thereon, and to the injury of the business of the owner of property so abutting.

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Appeal from St. Louis City Circuit Court. The question involved in this case is whether or not the city of St. Louis has a right to allow its streets to be used by corporations in operating their cars in such a manner as to interfere with the reasonable use of said streets by the public and in such a manner as to interfere with the business of the owner of the property abutting thereon, and to the injury of the business of the owner of property so abutting. Whilst the most liberal concession should be made to the use of streets by street railroad companies, it does not justify the injury…

1Opinion of the CourtGantt, P. J.

This is a suit in equity to enjoin the defendant from constructing and operating its electric street railway on Nineteenth street in the city of St. Louis, under ordinances of said city granting it the right to build and maintain such street railway on said street. The circuit court of St. Louis sustained the demurrer and plaintiff appeals!

I. The plaintiff raises the constitutional question that the city by the passage of this ordinance is depriving plaintiff of his property right of access to the street adjacent to his property by destroying its character as such. Ferrenbach v. Turner, 86…

2Cases cited9 opinions

  1. Schopp v. City of St. LouisSupreme Court of Missouri · 1893
  2. Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
  3. Chicago, Burlington & Quincy Railroad v. West Chicago Street RailroadIllinois Supreme Court · 1895
  4. Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
  5. Ferrenbach v. TurnerSupreme Court of Missouri · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ruckert v. Grand Avenue Railway Co.Supreme Court of Missouri · 1901
  2. State Ex Rel. State Highway Commission v. CoxSupreme Court of Missouri · 1935
  3. Harrison v. Denver City Tramway Co.Supreme Court of Colorado · 1913
  4. Morie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
  5. Ayers v. Citizens Railway Co.Nebraska Supreme Court · 1908

3 more not listed; retrieve them via the Exa API.

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