St. Louis Railway Co. v. Southern Railway Co.
Supreme Court of Missouri
Appeal from, St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) There was no cause of action stated in the petition.
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Appeal from, St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) There was no cause of action stated in the petition. By a species of what may with all due respect to the court perhaps be termed judicial legislation, it has been decided in this State, where an effort to condemn private property was made, that upon the dismissal of the condemnation proceedings the property owner, in addition to the costs of the case, which are determined by statute, .could recover attorney’s fees expended in the case. St. Louis v. Meints, 107 Mo. 611; Leisse v. Railroad, 72 Mo. 561; Lewis on Em.…
1Opinion of the CourtMaceablane, J.
This, is a suit to recover damages on account of the expense of employing counsel in defending an condemnation proceeding prosecuted by plaintiff against defendant. Plaintiff and defendant are each corporations owning and operating street railways in the city of St. Louis. In 1889 a part of plaintiff’s railway, with two tracks, was located along and' upon Broadway in said city. Defendant secured from, the city the right to extend its road along the same street and that portion thereof occupied by plaintiff’s road. Defendant desired, and claimed the right to use the tracks of plaintiff upon…
2Cases cited4 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- City of St. Joseph v. HamiltonSupreme Court of Missouri · 1869
3Cited by15 opinions
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Missouri Court of Appeals · 2004
- Arnold v. EdelmanSupreme Court of Missouri · 1965
- Center School District No. 58 of Jackson County v. KentonSupreme Court of Missouri · 1961
- Kansas City Southern Railway Co. v. Second Street Improvement Co.Supreme Court of Missouri · 1914
- St. Louis Brewing Ass'n v. City of St. LouisSupreme Court of Missouri · 1902
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