Moorshead v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge: (1) A railroad corporation without the express consent and authorization of the lawmaking power of the State cannot make a lease of its property or franchises to another corporation, such a contract being ultra vires and void.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge: (1) A railroad corporation without the express consent and authorization of the lawmaking power of the State cannot make a lease of its property or franchises to another corporation, such a contract being ultra vires and void. As between the parties, such a contract is non-enforcible, and as to the public for torts committed, in the use of the leased property, the lessee is treated as the agent of the lessor, both being jointly liable. Railway v. Brown, 17 Wall. 450; Railway y. Railroad, 130 TJ. S. 1; Railroad v. Railroad,…
1Opinion of the CourtGoode, J.
Tbe petition alleges that plaintiff was hurt by tbe negligence of defendant’s servants in suddenly and violently starting a street car on which she was a passenger and while she was walking in tbe aisle to a seat. Tbe action was instituted against tbe St. Louis Transit Company and tbe United Railways Company and both are alleged to have owned and been engaged in operating tbe car and line of railway on which it was running. Tbe answers filed by tbe two defendants were both general denials. Evidence was adduced tending to prove tbe plaintiff was injured in tbe manner alleged and that it…
Also in this document: Concurrence.
2Cases cited55 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Swords v. . EdgarNew York Court of Appeals · 1874
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
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3Cited by15 opinions
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
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