State ex inf. Crow v. West Side Street Railway Co.
Supreme Court of Missouri
Quo Warranto. (1) A street railway constructed and operated without authority of law is a public nuisance. Larimer and Lincoln v. Railroad, 137 Pa. St. 533; Booth on Street Railway, see. 3; Fanning v. Osborne, 102 N. Y. 441. (2) The appropriate remedy for the unauthorized use of streets for railway purposes, in so far as the city, is concerned, is a proceeding by quo warranto on the information of its duly authorized public officer.
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Quo Warranto. (1) A street railway constructed and operated without authority of law is a public nuisance. Larimer and Lincoln v. Railroad, 137 Pa. St. 533; Booth on Street Railway, see. 3; Fanning v. Osborne, 102 N. Y. 441. (2) The appropriate remedy for the unauthorized use of streets for railway purposes, in so far as the city, is concerned, is a proceeding by quo warranto on the information of its duly authorized public officer. State ex ret. v. Railroad, 140 Mo. 539. (3) The general rule is that where there has been a misuse or nonuser by the corporation of its franchise, under such…
1Opinion of the CourtWilliams, J.
The Attorney-General has presented to this court an information, charging that the repondent is unlawfully usurping the franchise of being a body corporate and politic, under the name of the “West Side Street Railway Company;” and, without legal warrant therefor, is operating and conducting an electric street railway over and along certain streets in Kansas City, and carrying passengers thereon for hire. A judgment of ouster is prayed.
The respondent, being called upon to show by what authority it is claiming, using and exercising the rights and privileges above recited, filed an answer,…
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