City of Hannibal v. Hannibal & St. Joseph Railroad

The city of Hannibal established a street across the track of defendant’s road, and on appeal to the Common Pleas the proceedings were dismissed. Defendant claims that the city had no right to establish the street;

1. Because no power to establish any new street is given in the charter; the power being to open new streets, which counsel would limit to opening streets contained in the plan of the city and of its additions. The power to open a street appears to be used in the city charter as synonymous with the power to lay out and establish such street. I infer this, because otherwise this…