St. Louis, Hannibal & Kansas City Railway Co. v. Hannibal Union Depot Co.
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Thomas H. Bacon, Judge. (1) The purpose and the result of this proceeding is to take away from and deprive appellant of a part of its property and franchise, and to appropriate the same to the exclusive use of respondent. This can not he done, as there is no authority of law for it. Railroad v. Railroad, 118 Mo. 615; Appeal of Railroad, 122 Pa.
Read the full summary
Appeal from Hannibal Court of Common Pleas. — Hon. Thomas H. Bacon, Judge. (1) The purpose and the result of this proceeding is to take away from and deprive appellant of a part of its property and franchise, and to appropriate the same to the exclusive use of respondent. This can not he done, as there is no authority of law for it. Railroad v. Railroad, 118 Mo. 615; Appeal of Railroad, 122 Pa. St. 511.; Railroad v. Williamson,91 N. Y. 552; HicJcoJc v. Eme, 23 Ohio St. 423; Railroad v. Railroad, 81 111. 523; Union Depot Go. v. St. Paul, 30 Minn. 359; Railroad v. Railroad, 124 Mass. 368; Calee…
1Opinion of the CourtMacfarlane, J.
The proceedings were to condemn for a railway track of defendant’s railroad a part of the land acquired and held by the defendant for union depot purposes in the city of Hannibal.
It appears from the evidence that the defendant was incorporated under the general laws of the state, (R. S. 1879, see. 826; R. S. 1889, sec, 2667) for the purpose of constructing, establishing and maintaining a union station for passengers in the city of Hannibal; that for the purposes of its incorporation it acquired a tract of land in the eastern portion of the city. The *88greater portion of this land lay on the…
2Cases cited2 opinions
- Eastern Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1872
- Prospect Park & Coney Island Railroad v. WilliamsonNew York Court of Appeals · 1883
3Cited by21 opinions
- Bunn v. City of LaredoTexas Commission of Appeals · 1922
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- State ex rel. Jackson v. DolanSupreme Court of Missouri · 2013
- State Ex Rel. Missouri Cities Water Co. v. HodgeSupreme Court of Missouri · 1994
16 more not listed; retrieve them via the Exa API.