Legal Opinion

Knapp v. St. Louis, Kansas City & Northern Railway Co.

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 17 opinions

Appeal from St. Louis Court of Appeals. — The case is reported in 6 Mo. App. 205. The statute in question, on any of the questions involved, has never been construed by this court. Schulenburg v. R. R. Go., 67 Mo. 442, was a case arising under another statute, and in St. Louis Bridge ‡ Construction Co. v. R. R. Co., 72 Mo. 664, none of these questions were in controversy.

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Appeal from St. Louis Court of Appeals. — The case is reported in 6 Mo. App. 205. The statute in question, on any of the questions involved, has never been construed by this court. Schulenburg v. R. R. Go., 67 Mo. 442, was a case arising under another statute, and in St. Louis Bridge ‡ Construction Co. v. R. R. Co., 72 Mo. 664, none of these questions were in controversy. It was held in Dunn v. R. R. Co., 24 Mo. 493, and McPheeters v. Bridge Co., 28 Mo. 465, that the mechanic’s lien laws then in force did not apply to railroad bridges, and reasons founded on public policy were given for these…

1Opinion of the CourtHough, J.

This was a suit to enforce a lien against the road-bed and the buildings, erections and improvements on the defendant’s railroad, from a point on the line *377of said road known as Eerguson Station, in St. Louis county, to Rock Springs in said county, for lumber alleged to have been furnished to and used by defendant’s contractor, in the construction of defendant’s road-bed between the points above mentioned. It is admitted by the pleadings that the defendant owned and operated a railway extending from St. Louis to Kansas City, and from Moberly, in Randolph county, to the Iowa state line, and…

2Cases cited3 opinions

  1. Dunn v. North Missouri RailroadSupreme Court of Missouri · 1857
  2. St. Louis Bridge & Construction Co. v. Memphis, Carthage & Northwestern RailroadSupreme Court of Missouri · 1880
  3. Schulenburg v. Memphis, Carthage & Northwestern R. R.Supreme Court of Missouri · 1878

3Cited by17 opinions

  1. Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
  2. Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
  3. Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
  4. Andrews v. St. Louis Tunnel RailroadMissouri Court of Appeals · 1884
  5. Midland Valley Railroad v. Moran Bolt & Nut Manufacturing Co.Supreme Court of Arkansas · 1906

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