Osborne v. Missouri Pacific Railway Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF .MISSOURI. .This was a bill filed by D. M. Osborne & Company, a corporation of the State of'New York, in the Circuit Court of the United States for .the Eastern District of Missouri, against the Missouri Pacific Railway Company, February T6, 188Y, alleging that the defendant was about to construct a track along Gratiot street, in the city of St. Louis, from its main tracks near Twenty-third street…
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF .MISSOURI. .This was a bill filed by D. M. Osborne & Company, a corporation of the State of'New York, in the Circuit Court of the United States for .the Eastern District of Missouri, against the Missouri Pacific Railway Company, February T6, 188Y, alleging that the defendant was about to construct a track along Gratiot street, in the city of St. Louis, from its main tracks near Twenty-third street to the property of the St. Louis Wire Mill Company, near the corner of Twenty-first street, in front of a building on…
1Opinion of the CourtChief Justice Fullee
We assume upon this record that the complainant was an abutting owner merely, and that the fee of the street-was'in the municipality for the public, or in the public; that the construction of the tracks was duly authorized; that they were laid with due care and skill and in strict accordance with the authority granted ; and that the road was.properly operated. And the terms of the ordinance were such in relation to other persons and companies than the Mill Company, and to other railroads than this, that it is not open to the objection that it empowered a construction exclusively for private…
2Cases cited3 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Henry Gaus & Sons Manufacturing Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1892
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- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Hurley v. KincaidSupreme Court of the United States · 1932
- New York City v. PineSupreme Court of the United States · 1902
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
- Sears v. City of AkronSupreme Court of the United States · 1918
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