Legal Opinion

Scott County MacAdamized Road Co. v. Missouri Ex Rel. Hines

Supreme Court of the United States

Decided December 20, 1909No. 52PublishedCited by 9 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI; The facts are stated in the opinion. •' A.franchise or charter granted by a State to a quasi-public corporation is'a-contract the obligation of which cannot be impaired. St. Clair Turnpike Co. v. Illinois, 96 U. S. 63; New Orleans Gas Co. v. Louisiana Light Co., 115 U. S. .650; New Orleans.

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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI; The facts are stated in the opinion. •' A.franchise or charter granted by a State to a quasi-public corporation is'a-contract the obligation of which cannot be impaired. St. Clair Turnpike Co. v. Illinois, 96 U. S. 63; New Orleans Gas Co. v. Louisiana Light Co., 115 U. S. .650; New Orleans. Waterworks Co. v. Rivers, 115 U. S. 674; Pearsall' v. Great Northern R. R. Co., 161 U. S. 663. The decision of a state court, holding as a matter of construction, that a particular charter or charter provision does not constitute a contract,'is riot…

1Opinion of the CourtJustice Holmes

This is a suit brought in pursuance of a statute to-enjoin the plaintiff in error from maintaining toll-gates upon a road alleged to be a public highway. The defendant justifies under a charter granted by a special act of February 24, 1853, which contained the following section: “8. The privileges granted in this charter shall continue for fifty years; provided, that the county courts of the counties of Cape Girar-deau and Scott may, at the expiration of twenty years, or any time thereafter purchase said road at the actual cost of construction, and make it a free road.” Mo. Laws, 1853, pp.…

2Cited by9 opinions

  1. State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
  2. Detroit United Railway v. City of DetroitSupreme Court of the United States · 1913
  3. City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1912
  4. Des Moines Water Co. v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1913
  5. Hamill v. HawksCourt of Appeals for the Tenth Circuit · 1932

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