Wiggins Ferry Co. v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The agreement did not preclude the appellant from transporting railway cars, loaded with freight or occupied by passengers, to or from the railroad, or from employing others to do so, or from ferrying, or employing others to ferry, in any mode, between places-where the respondent had no ferry, and had no right to have-one ; nor did the agreement preclude the appellant from employing any ferry service not in existence when the agreement…
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Appeal from St. Louis Circuit Court. The agreement did not preclude the appellant from transporting railway cars, loaded with freight or occupied by passengers, to or from the railroad, or from employing others to do so, or from ferrying, or employing others to ferry, in any mode, between places-where the respondent had no ferry, and had no right to have-one ; nor did the agreement preclude the appellant from employing any ferry service not in existence when the agreement was made, and which the respondent did not agree to-perform, and has never been able to perform. —London v.. Collegiate…
1Opinion of the CourtHayden, J.
This is an action to recover damages for breaches of a written contract, of date April 28, 1864, between the respondent and the appellant’s assignor. Both parties to the suit are corporations incorporated by acts of the General Assembly of the State of Illinois, the respondent operating a ferry across the Mississippi River from Bloody Island, a part of the Illinois shore opposite St. Louis, to that city. The respondent was incorporated in 1853, but its franchise, which is perpetual, dates from 1819. The location is fixed by law within certain limits. The Alton and St, Louis Railroad Company,…
2Cases cited8 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
- Doolin v. WardNew York Supreme Court · 1810
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3Cited by4 opinions
- Skrainka v. ScharringhausenMissouri Court of Appeals · 1880
- Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.New York Supreme Court · 1880
- Elkins v. Camden & Atlantic RailroadNew Jersey Court of Chancery · 1882
- Stark v. HillMissouri Court of Appeals · 1888