St. Louis Electric Terminal Railway Co. v. MacAdaras
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. George H. Shields, Judge. (1) The plaintiff is an interurban electric railroad within the meaning of Sec. 3228, R. S. 1909. State ex reí. v. Williams, 227 Mo. 36. (2) The proceeding seeks the condemnation of the property for depot purposes, within the meaning of Secs. 3073 and 2369, R. S. 1909. (3^) A grant of the State’s power of eminent domain is strictly construed, and unless the power sought to be exercised has been…
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Appeal from St. Louis City Circuit Court. — How. George H. Shields, Judge. (1) The plaintiff is an interurban electric railroad within the meaning of Sec. 3228, R. S. 1909. State ex reí. v. Williams, 227 Mo. 36. (2) The proceeding seeks the condemnation of the property for depot purposes, within the meaning of Secs. 3073 and 2369, R. S. 1909. (3^) A grant of the State’s power of eminent domain is strictly construed, and unless the power sought to be exercised has been expressly conferred, it does not exist. Kansas City v. Oil- Co., 140 Mo. 64'; Schmidt v. Duisnore, 42 Mo. 234; St. Louis Co.…
1Opinion of the CourtGrayes, J.
Barring a few sentences of argumentative matter counsel for the defendants have made a very concise statement of the case, and we adopt it, with these sentences cut out. In fact we could take the statement of counsel upon either side of the controversy and have a fair general outline of the case, but that made for the defendants is a little more compact and concise and we take that. It reads:
‘ ‘ This is a proceeding, instituted December 1,1910, by the plaintiff in the circuit court of the city of St. Louis, to condemn, for the use of the plaintiff for depot purposes, certain property situated…
2Cases cited4 opinions
- Kerr v. South Park CommissionersSupreme Court of the United States · 1886
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- May v. City of BostonMassachusetts Supreme Judicial Court · 1893
3Cited by24 opinions
- Cleveland v. CarcioneOhio Court of Appeals · 1963
- United States v. Arlo C. Crance, J. v. Crance, Ralph O. Crance, Minnie Newport, Rose B. McKeeand Elizabeth MillerCourt of Appeals for the Eighth Circuit · 1965
- State Ex Rel. State Highway Commission v. ClevengerSupreme Court of Missouri · 1956
- State Ex Rel. State Highway Commission v. Bloomfield Tractor Sales, Inc.Missouri Court of Appeals · 1964
- St. Louis County v. River Bend Estates Homeowners' Ass'nSupreme Court of Missouri · 2013
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