Grand Avenue Railway Co. v. People's Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) It is submitted that the decree of the circuit court is erroneous in that: First. It is based on erroneous view of respondent’s property rights in the tracks proposed to be used. Railroad v. Railroad, 105 Mo. 562; Railroad v. Railroad, 97 Mo. 457; Railroad v. Railroad, 111 Mo. 666;. Railroad v. Railroad, 118 Mass. 290. Second.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) It is submitted that the decree of the circuit court is erroneous in that: First. It is based on erroneous view of respondent’s property rights in the tracks proposed to be used. Railroad v. Railroad, 105 Mo. 562; Railroad v. Railroad, 97 Mo. 457; Railroad v. Railroad, 111 Mo. 666;. Railroad v. Railroad, 118 Mass. 290. Second. In that it includes in the annual payments exacted of appellant a large amount, about $1,496.16 per annum, as interest on the value of the conduit underneath the respondent’s tracks, which…
1Opinion of the CourtBurgess, J.
These proceedings were instituted by the plaintiff, a street railroad corporation of St. Louis, under provision of ordinance number 12652, of that city, for the purpose of determining the “just compensation, to be paid by plaintiff to the People’s*37Eailway Company, of St. Louis, for the use of the ■tracks of the latter on Grand avenue from Lafayette avenue to Tower Grove Park, which plaintiff was authorized to use and intended to use in the operation of its own railroad.”
By section 6, article 10, of the city charter of said city it is provided that, “any street railway company .shall have the…
2Cases cited3 opinions
- Union Depot Railroad v. Southern Railway Co.Supreme Court of Missouri · 1891
- Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal RailroadSupreme Court of Missouri · 1888
- St. Louis Transfer Railway Co. v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1892
3Cited by8 opinions
- In Re Armory Site in Kansas CitySupreme Court of Missouri · 1955
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- Knapp, Stout & Co. v. St. LouisSupreme Court of Missouri · 1900
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Grand Avenue Railway Co. v. Citizens' Railway Co.Supreme Court of Missouri · 1889
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