St. Louis Transfer Railway Co. v. St. Louis Merchants Bridge Terminal Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) The city of St. Louis, under its charter, has sole power and authority to grant to any person or corporation the right to construct railways in said city. “Scheme and Charter,” art. 3, sec. 26, cl. 11; 2 Revised Statutes, 1889,p. 2099. (2) A valid municipal ordinance, as against persons bound thereby, has the force of a legislative act.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) The city of St. Louis, under its charter, has sole power and authority to grant to any person or corporation the right to construct railways in said city. “Scheme and Charter,” art. 3, sec. 26, cl. 11; 2 Revised Statutes, 1889,p. 2099. (2) A valid municipal ordinance, as against persons bound thereby, has the force of a legislative act. If by such ordinance a right or privilege is granted upon condition that it be exercised in a prescribed manner, this is a condition precedent, which, if the grantee fail to fulfill,…
1Opinion of the CourtBrace, J.
By the constitution and laws of this ' state every railroad corporation “organized for the purpose” has “the right to construct and operate a railroad between any points within this state,” and “with its road to intersect, connect with or cross any other railroad,” and to “construct its road across, along or upon any street,” with the assent of the corporate authorities of the city in which such street is situate. Constitution, art. 12, secs. 13, 14, 20; Eevised Statutes, 1889, secs. 2543, 2626.
By its charter the mayor and assembly of the city of St. Louis have power within the city “by…
2Cases cited1 opinion
- Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal RailroadSupreme Court of Missouri · 1888
3Cited by4 opinions
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Grand Avenue Railway Co. v. People's Railway Co.Supreme Court of Missouri · 1895
- Grand Avenue Railway Co. v. Citizens' Railway Co.Supreme Court of Missouri · 1889
- Atchison, Topeka & Santa Fé Railroad v. DavidsonSupreme Court of Kansas · 1894