Moorshead v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge: (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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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge: (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-enforcible, 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. Railway v. Brown, 17 Wall. 450; Railway y. Railroad, 130 TJ. S. 1; Railroad v. Railroad,…
1DissentBland, P. J.
(dissenting). — Suit was begun against the St. Louis Transit Company and the United Railways Company, as joint owners and joint operators of the Eighteenth street line of railroad, in the city of St. Louis. The petition alleged that through the negligence of these two companies in operating one of their cars, on said Eighteenth street line, upon which plaintiff was a passenger, she was injured. The answer was a general denial.
Plaintiff’s evidence shows negligence in the operation of a car, on which she was a passenger, on said line, causing injury to her. It is admitted that the Transit…
2Cases cited33 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
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