Legal Opinion

Randle v. Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 22 opinions

Appeal from St. Louis Circuit Court. The case was tried, at special term, before Hon. Chester H. Krum, one of the judges. We deny tlie right of respondent to treat the cause in this court, to wbicb it has been brought by appellant alone, on exceptions, few and distinct, and which were taken only by appellant, as if respondent had taken that appeal and had properly preserved exceptions.

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Appeal from St. Louis Circuit Court. The case was tried, at special term, before Hon. Chester H. Krum, one of the judges. We deny tlie right of respondent to treat the cause in this court, to wbicb it has been brought by appellant alone, on exceptions, few and distinct, and which were taken only by appellant, as if respondent had taken that appeal and had properly preserved exceptions. No question ought to be or ever is considered by this court, unless such question arise upon errors manifest in the record, and upon exceptions properly taken by the party who attempts to complain here of such…

1Opinion of the CourtHough, J.

This was an action on the case for special damages alleged to have been sustained by the plaintiffs by reason of a public nuisance charged to have been levied by the defendant.

On the 5th day of July, 1872, the plaintiffs became lessees and proprietors of a hotel, located at the northeast corner' of Seventh and Poplar streets, in the city of St. Louis, and known as the “ Clarendon Hotel.” Previous to 1870, defendant’s eastern depot in the city of St. Louis was located on the west side of Seventh street, immediately south of Poplar, defendant’s track terminating previous to 1870 at that depot.…

2Cases cited2 opinions

  1. Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
  2. Harris v. ThompsonNew York Supreme Court · 1850

3Cited by22 opinions

  1. Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
  2. Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
  3. Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
  4. Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
  5. St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918

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