St. Louis, Iron Mountain & Southern Railway Co. v. Cape Girardeau Bell Telephone Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Row. E. G. Riley, Judge. (1) No effort having been made by the telephone company to agree with the plaintiff railway company as to compensation for its property, or the right of the telephone company to occupy it, injunction was the proper remedy, and it should have been made perpetual. Lewis on Em.
Read the full summary
Appeal from Cape Girardeau Circuit Court. — Row. E. G. Riley, Judge. (1) No effort having been made by the telephone company to agree with the plaintiff railway company as to compensation for its property, or the right of the telephone company to occupy it, injunction was the proper remedy, and it should have been made perpetual. Lewis on Em. Domain (2 Ed.), sec. 631; Carpenter v. Grisham, 59 Mo. 247; Cook v. Eerbert, 145 Mo. 462; Downing v. Dinwiddie, 132 Mo. 92; R. S. 1889, sec. 1272; Rosenberger v. Miller, 61 M'o. App. 422; Telephone Co. v. Smith, 71 Md. 535; Spurlock v. Dorman, 182 Mo.…
1Opinion of the CourtNortoni, J.
This is a proceeding for injunctive relief. The plaintiff railroad company seeks to enjoin the defendant from constructing a telephone line across its depot grounds and right of way without first having obtained the consent of the plaintiff or compensated it for the privilege. Plaintiff is a railroad company incorporated under the laws of the State of Missouri. It owns and operates a line of standard gauge railroad in and through the city of Jackson in this State. The defendant is a telephone company organized and incorporated under the laws of Missouri for the purpose of furnishing telephone…
2Cases cited24 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Illig v. Union Electric Co.Court of Appeals for the Eighth Circuit · 2011
- Brown v. WeareSupreme Court of Missouri · 1941
- Eureka Real Estate & Investment Co. v. Southern Real Estate & Financial Co.Supreme Court of Missouri · 1947
- State Ex Rel. State Highway Commission v. Union Electric Co.Supreme Court of Missouri · 1941
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
8 more not listed; retrieve them via the Exa API.