State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) Mandamus is not the proper remedy in this case, even if the City of Kansas has the right to require appellant to pave its street as claimed by it. State ex rel. v. McAuliffe, 48 Mo. 113; Mansfield ®. Fuller, 50 Mo. 338; State, etc., v. Bank, -76 Mo. 370; State, etc., ®. By., 43 N. J. 505; State ex rel. v. Newark, 6 Yroom396 ; State ex rel., etc., ®. Township of Union, 8 Yroom 84; Queen ®. Hull, etc., By., 6 Q. B. 70; State ex rel.
Read the full summary
Appeal from Jackson Circuit Court. (1) Mandamus is not the proper remedy in this case, even if the City of Kansas has the right to require appellant to pave its street as claimed by it. State ex rel. v. McAuliffe, 48 Mo. 113; Mansfield ®. Fuller, 50 Mo. 338; State, etc., v. Bank, -76 Mo. 370; State, etc., ®. By., 43 N. J. 505; State ex rel. v. Newark, 6 Yroom396 ; State ex rel., etc., ®. Township of Union, 8 Yroom 84; Queen ®. Hull, etc., By., 6 Q. B. 70; State ex rel. (1) The evidence wholly fails to show that any -franchise of the horse or street railway company was amended, or in any…
1Opinion of the CourtNorton, J.
This is a proceeding by mandamus begun in the circuit court of Jackson county to compel the defendant to pave so much of Union avenue (a street in the City of Kansas), as lies between the rails of a horse railroad operated on said avenue and owned by defendant company, and also eighteen’ inches on the outside of said rails along said track, in the same manner and with like material, at the same time and as fast as the balance of said street may be paved to completion. A return was made to the alternative writ and a trial had upon the issues presented, which resulted in a judgment of .the…
2Cases cited5 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Hovelman v. Kansas City Horse RailroadSupreme Court of Missouri · 1883
- State v. MillerSupreme Court of Missouri · 1872
- City of St. Louis v. Missouri RailroadMissouri Court of Appeals · 1883
3Cited by36 opinions
- Southern California Gas Co. v. City of Los AngelesCalifornia Supreme Court · 1958
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Detroit Citizens' St. Ry. Co. v. City of DetroitCourt of Appeals for the Sixth Circuit · 1894
- State ex rel. City of Jacksonville v. Jacksonville Street RailroadSupreme Court of Florida · 1892
31 more not listed; retrieve them via the Exa API.