City of St. Louis v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo. S. Rassieur, Judge. (1) Section 1, 2, 3, 4, 5, 6, 7 and 8, inclusive, of Article 21,- Charter of the City of St. Louis, under which sections these proceedings were had, are unconstitutional and a violation of Section 1, Article 14, of the Amendments to the Constitution of the United States, and proceedings under such sections take the property of the Missouri Pacific Railway Company without due process of law in this,…
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Appeal from St. Louis City Circuit Court. — Hon. Leo. S. Rassieur, Judge. (1) Section 1, 2, 3, 4, 5, 6, 7 and 8, inclusive, of Article 21,- Charter of the City of St. Louis, under which sections these proceedings were had, are unconstitutional and a violation of Section 1, Article 14, of the Amendments to the Constitution of the United States, and proceedings under such sections take the property of the Missouri Pacific Railway Company without due process of law in this, that the fixing of the benefit or taxing district is delegated to the arbitrary finding and judgment of the commissioners…
1Opinion of the CourtWalker, J.
The nature of the action here sought to be reviewed was the condemnation of certain private property for public use, in the City of St. Louis, including a lot or parcel of land owned by defendant. From a -judgment of condemnation and the assessment of benefits against the defendant, the latter appeals.
The Board of Aldermen of the City of St. Louis, in conformity with Section 1, of Article 21, of the Charter of that city, provided by ordinance for the appropriation for public use of the property in question. In furtherance of this ordinance, and as required by the section of the charter cited,…
2Cases cited8 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
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3Cited by5 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- City of Marshfield Ex Rel. Hasten v. BrownSupreme Court of Missouri · 1935
- Leggett v. General Indemnity ExchangeSupreme Court of Missouri · 1952
- Coe v. GreenleySupreme Court of Missouri · 1922