Moorshead v. United Railways Co.
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (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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Transferred from St. Louis Court of Appeals. (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-enforceable, 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. Railroad v. Brown, 17 Wall. 450; Railroad v. Railroad, 130 U. S. 1; Railroad v. Railroad, 118 U. S. 290; Thomas…
1Opinion of the CourtGraves, J.
The contention involved in this case is one of much interest; just what may he involved, more than the ease under consideration, we have no means of knowing, hut there are no doubt a number of cases dependent upon the views of this court in this case. As we gather it the question of the liability of the defendant United Eailways Company has been up before four Federal judges and all of the several ■divisions of the circuit court of the city of St. Louis. In each case the exact question as to the character of the written instrument involved in this case was an issue. The four Federal judges,…
2Cases cited52 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
- Bowers v. SmithSupreme Court of Missouri · 1892
47 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re RahnSupreme Court of Missouri · 1927
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
22 more not listed; retrieve them via the Exa API.