Legal Opinion

Brown v. Louisiana & Missouri River Railroad

Supreme Court of Missouri

Decided April 2, 1914PublishedCited by 12 opinions

Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Plaintiff has no case against defendant Louisiana & Missouri Eiver Eailroad Company.

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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Plaintiff has no case against defendant Louisiana & Missouri Eiver Eailroad Company. Said defendant is sought to he held liable in this ease solely by virtue of Sec. 1060, E. S. 1899 (Sec. 3078, E. S. 1909). Said statute is not applicable to this defendant, and an attempt to make such statute applicable renders such statute unconstitutional and void as impairing the obligation of the contract between defendant corporation and the State of Missouri. Said company received its charter by an act of the Legislature, passed on…

1Opinion of the Court

*532OPINION.

BOND, J.

Legisiative impairment By statSuteUent (After stating the facts as above).— There is no claim that the judgment in this case is disproportioned to the injuries of plaintiff. The only errors assigned by appellant are those arising upon the defenses se^ UP ^11 the separate answers. First, that the lessor, La. & Mo. R. Ry. Co., is not responsible for the act of its lessee, C. & A. Ry. Co.; second, that the filing of the petition for the removal to the Federal court ousted the trial court of jurisdiction ; third, that plaintiff has no case on the merits.

As to the first of these…

2Cases cited11 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
  3. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  4. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  5. Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Bond v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
  2. Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
  3. Cecil v. WellsMissouri Court of Appeals · 1924
  4. Shaffer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1923
  5. Spaw v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1918

7 more not listed; retrieve them via the Exa API.

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