Union Depot Railroad v. Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. A. Seddon, Judge. (1) In this state the property and franchises of corporations are without exception subject to the power of eminent domain. Const., art. 12, sec. 4. And when the right to construct or operate a street railroad in any city, town or village is sought, the consent of the municipality is essential to the grant. It is also essential to validate a transfer of the franchise.
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Appeal from St. Louis City Circuit Court. — Hon. J. A. Seddon, Judge. (1) In this state the property and franchises of corporations are without exception subject to the power of eminent domain. Const., art. 12, sec. 4. And when the right to construct or operate a street railroad in any city, town or village is sought, the consent of the municipality is essential to the grant. It is also essential to validate a transfer of the franchise. Const., art. 12, sec. 20. Although the effect of this provision of the fundamental law of the state is to make the municipality’s control of its streets in…
1Opinion of the CourtBlack, J.
The plaintiff and the first-named defendant are corporations owning street railroads in the city of St. Louis. Prior to the date next mentioned the defendant’s road extended southward six or'eight miles from the crossing of Sixth and Market streets. The city, by ordinance approved July 19, 1887, gave defendant the right to extend its road from the crossing of Sixth and Market streets east on Market street to Fifth street, thence north on that street some ten blocks, thence west one block, thence south on Sixth street to place of beginning, thus forming a loop. This ordinance also conferred…
2Cases cited3 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Metropolitan Railroad v. Highland Street Railway Co.Massachusetts Supreme Judicial Court · 1875
- State v. JohnsonSupreme Court of Arkansas · 1856
3Cited by17 opinions
- City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
- State Ex Rel. Penrose Investment Co. v. McKelveySupreme Court of Missouri · 1923
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- State ex rel. North & South Railway Co. v. MeierSupreme Court of Missouri · 1898
- St. Louis & Meramec River Railroad v. City of KirkwoodSupreme Court of Missouri · 1900
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