State ex rel. Kansas City v. Kansas City Terminal Railway Co.
Supreme Court of Missouri
Mandamus. The ordinance in question is clearly authorized by the Enabling Act and by the provisions of the charter and also by the provisions of Ordinance 2336, which was duly accepted by the respondent,- and tinder which it has constructed the terminal station. Secs. 9751, 9752, 9*753', R. S. 1909’; Sec. 1, par. 12, art. 3, p. 142, Revised Charter and Ordinances of Kansas City; Pars.
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Mandamus. The ordinance in question is clearly authorized by the Enabling Act and by the provisions of the charter and also by the provisions of Ordinance 2336, which was duly accepted by the respondent,- and tinder which it has constructed the terminal station. Secs. 9751, 9752, 9*753', R. S. 1909’; Sec. 1, par. 12, art. 3, p. 142, Revised Charter and Ordinances of Kansas City; Pars. B. & H., sec. 6, Ordinance 2336; Tobacco Co. v. St. Louis, 247-Mo. 374. Unless the unreasonableness of an ordinance is apparent upon its face, the burden is upon the person asserting it to be unreasonable to…
1Opinion of the CourtWalker, J.
— This is a mandamus proceeding instituted in this court by the Attorney-General, to the use of the parties mentioned, to compel the respondent to widen and pave the Main street viaduct in Kansas City, from the north line of its right of way, as it crosses said street, south to a point where said street would intersect with Twenty-third street, if extended westerly to Main.
The alternative writ was issued, and as no question is raised as to the sufficiency of the pleadings (which cover sixty-five pages of printed matter) they will be put aside with the brief statement that they *492were sufficient…
2Cases cited1 opinion
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
3Cited by5 opinions
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1917
- McMurry v. Kansas CitySupreme Court of Missouri · 1920
- Heman Construction Co. v. LyonSupreme Court of Missouri · 1919
- Gobel v. KitchenMissouri Court of Appeals · 1924