TERMINAL RR ASS'N v. City of Brentwood

Declaratory judgment action -to determine whether, (under the provisions of Sections 7530-7535, R. S. 1939, Mo. R. S. A.), a railroad may be compelled to construct the portions of a sanitary sewer system (organized under authority of Sections 7181-7182, R. S. 1939, Mo. R. S. A.) proposed across its right of way. The trial court declared that it could not be compelled to do so and the City has appealed from this decree. We have jurisdiction because the cost to the railroad would be more than $7500.00.

The material facts have been stipulated by the parties. Brent-wood is • a City of the fourth…