City of St. Louis v. Eagle Packet Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Jesse A. McDonald,' Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence. That evidence failed to establish that defendant in making the landings complained of, used the public wharf of the city of St. Louis.
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Appeal from St. Louis City Circuit Court.— Hon. Jesse A. McDonald,' Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence. That evidence failed to establish that defendant in making the landings complained of, used the public wharf of the city of St. Louis. Indeed, that evidence affirmatively established that the city had no wharf when said landings were made, but that said wharf was entirely covered by the flood waters of the Mississippi river. Re Lucy E., 30 Fed. 867; Cannon v. New Orleans, 21 'Wall. 577; Packet Co. v. Keokuk, 95 U. S. 80; Packet Co. v. St.…
1Opinion of the CourtLamm, J.
St. Louis, as a wharfinger, charges wharfage to river craft using its improved wharf— the rate regulated by ordinance according to- tons burden, got at by customhouse, hull measurement.
The Eagle Packet Company, at the times in hand, owned and ran a fleet of steamboats plying in the carrying trade between the port of St. Louis and other ports on the navigable waters of the Mississippi and its tributaries. One of these ships was the “Spread Eagle;” another, the “Bald Eagle.”
On certain dates in June, 1903, these craft came into the harbor at St. Louis, discharged and took on freight, U. S. mail…
2Cases cited6 opinions
- Cox v. CollectorSupreme Court of the United States · 1871
- Steamship Co. v. PortwardensSupreme Court of the United States · 1867
- Packett Co. v. St. LouisSupreme Court of the United States · 1880
- City of St. Louis v. St. Louis & New Orleans Transportation Co.Supreme Court of Missouri · 1884
- Northwestern Union Packet Co. v. St. PaulU.S. Circuit Court for the District of Minnesota · 1875
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- St. Louis Lodge No. 9, B. P. O. E. v. KoelnSupreme Court of Missouri · 1914