Legal Opinion

Dietrich v. Murdock

Supreme Court of Missouri

Decided March 15, 1868PublishedCited by 22 opinions

Error to St. Louis Circuit Court This was an action for the claim and delivery of a lot of railroad iron which had been laid down by the Callaway Mining and Manufacturing Company on land in Callaway county, belonging to Kowns, plaintiff in error. The iron was solidly spiked to sleepers, securely fastened to the land. The Callaway Mining and Manufacturing Company was a corporation created by act of the General Assembly of the State of Missouri, passed February 16, 1847 (Sess.

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Error to St. Louis Circuit Court This was an action for the claim and delivery of a lot of railroad iron which had been laid down by the Callaway Mining and Manufacturing Company on land in Callaway county, belonging to Kowns, plaintiff in error. The iron was solidly spiked to sleepers, securely fastened to the land. The Callaway Mining and Manufacturing Company was a corporation created by act of the General Assembly of the State of Missouri, passed February 16, 1847 (Sess. Acts 1846-7, pp. 151-3), with power to acquire right of way and construct a railroad from Cote Sans. Dessein, on the…

1Opinion of the CourtEagg, Judge

The case presented by the record shows the following state of facts : The suit was instituted by the defendant in error, in the Circuit Court for St. Louis county, for the possession of a quantity of railroad iron claimed by him in pursuance of a purchase of the same from the Callaway Mining and Manufacturing Company. This iron constituted a part of the track of said company’s road, laid upon the land of Kowns, one of the plaintiffs in error. In 1859 these rails were taken from the road-bed by *283Xowns, and shipped to Murdoch & Dickson, at the city of St. Louiá, to he sold by them for his…

2Cases cited1 opinion

  1. State ex rel. Chase v. DavisSupreme Court of Missouri · 1886

3Cited by22 opinions

  1. Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
  2. Varner v. MartinWest Virginia Supreme Court · 1883
  3. Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
  4. Ulmer v. Lime Rock RailroadSupreme Judicial Court of Maine · 1904
  5. Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888

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