State ex rel. Morris v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Gr. W. Dunn, Judge. (1) Mandamus is an appropriate remedy to compel the respondent to comply with the law and with the ■charter of the Kansas City, Gralveston & Lake Superior Railroad Company, in relation to public highways, under which the respondent’s railroad was constructed. State !t>. Northeastern Ry. Co., 9 Rich. (S. C.) 247; The People ex rel., etc., v. Troy & Boston Ry. Co., 37 How. Pr. 427; High’s Ex.
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Appeal from Clay Circuit Court. — Hon. Gr. W. Dunn, Judge. (1) Mandamus is an appropriate remedy to compel the respondent to comply with the law and with the ■charter of the Kansas City, Gralveston & Lake Superior Railroad Company, in relation to public highways, under which the respondent’s railroad was constructed. State !t>. Northeastern Ry. Co., 9 Rich. (S. C.) 247; The People ex rel., etc., v. Troy & Boston Ry. Co., 37 How. Pr. 427; High’s Ex. L. Rem., secs. 319, 329, p. 226, and secs. 276-7, p. 199 (1 Ed.); Indianapolis & Cincinnati Ry. Co. v. The State, 37 Ind. 489 ; The People ex…
1Opinion of the CourtBlack, J.
— The relators, judges of the county court of Clay county, and the road overseers, sued out an alternative writ of mandamus, requiring the respondent to so construct its road, where it passes along a specified portion of a public highway, as hot to prevent the public from using the highway, or show cause, etc. Upon a trial of the cause, upon an agreed statement of facts, the peremptory writ was denied. Respondent has failed to file any abstract or brief, and we shall look to appellant’s abstract as a full and true statement of the case.
The Kansas City, Galveston & Lake Superior Railroad…
Also in this document: Dissent.
2Cases cited2 opinions
- People ex rel. City of Bloomington v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- State v. CulverSupreme Court of Missouri · 1877
3Cited by10 opinions
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- State ex rel. City of Bridgeton v. Bridgeton & Millville Traction Co.Supreme Court of New Jersey · 1899
- State ex rel. Rutledge v. St. Louis School BoardSupreme Court of Missouri · 1895
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