State ex rel. Bettis v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. Mandamus will not lie in this case, because it does not appear that respondent has any legal right to the performance of the duty he seeks to impose upon appellant, or that the law affords him no other adequate remedy for the enforcement of the right, and the performance; of the duty, which it is sought to compel. High’s Extra.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. Mandamus will not lie in this case, because it does not appear that respondent has any legal right to the performance of the duty he seeks to impose upon appellant, or that the law affords him no other adequate remedy for the enforcement of the right, and the performance; of the duty, which it is sought to compel. High’s Extra. Legal Rem., sec. 10; State ex. rel. v. Francis, 95 Mo. 57; State v. Buhler, 90 Icl. 570; State ex rel. v. Ma/r shall, 82 Id. 488. The writ will not lie, unless there is some element of a…
1Opinion of the CourtBond, J.
In April, 1896, the plaintiff purchased a ticket for transportation from Webster Oro ves to St. Louis, over defendant’s railway, paying therefor the regular price of thirty cents. He exhibited this ticket to the station agent, ¡tendering at the same time an unboxed and unguarded bicycle, weighing thirty pounds, and demanded that the latter should be accepted as ordinary baggage and carried upon the same train upon which he took passage. This was refused by the agent in obedience to a rule adopted by defendant on December 1, 1895, fixing a special charge for the transportation over its railway…
2Cases cited2 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Spooner v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1886
3Cited by2 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co.New York Court of Appeals · 1915
- Richardson v. Inhabitants of DanversMassachusetts Supreme Judicial Court · 1900