Darlington v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Warwick Rough, Judge. STATEMENT. The petition is as follows: “The plaintiffs, Evans R. Darlington, James G-. Berryhill and Samuel L. Berryhill, state that they are partners, and as such are engaged in the lumber business under the firm name and style of E. R. Darling-ton & Co.; that the defendant, the Missouri Pacific Railway Company, is a railroad company organized and incorporated and operating a railroad under the laws of…
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Appeal from St. Louis City Circuit Court. — Now. Warwick Rough, Judge. STATEMENT. The petition is as follows: “The plaintiffs, Evans R. Darlington, James G-. Berryhill and Samuel L. Berryhill, state that they are partners, and as such are engaged in the lumber business under the firm name and style of E. R. Darling-ton & Co.; that the defendant, the Missouri Pacific Railway Company, is a railroad company organized and incorporated and operating a railroad under the laws of the State of Missouri. “Complaining of said defendants, the said plaintiffs, for first cause of action, aver that…
1Opinion of the CourtBland, P. J.
I. Counsel for both parties have devoted a good déal of time to the discussion of the rights of the parties to the possession of the cars after they had been placed in the Darlington yards, and in respect to the right of the defendant to enter upon the switch with its engines to remove the cars without plain- ■ tiffs’ consent.
The contention of plaintiffs is, that they were in the possession of both the switch and of the cars, and *12that the switch was their property and that defendant had no right in or npon it, except by the grace of plaintiffs. To the contrary the defendant contends that it…
2Cases cited25 opinions
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Walker v. TuckerIllinois Supreme Court · 1873
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3Cited by12 opinions
- Gibson v. SharpMissouri Court of Appeals · 1955
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Baltimore & Ohio Railroad v. Luella Coal Co.West Virginia Supreme Court · 1914
- State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925
7 more not listed; retrieve them via the Exa API.