Charles H. Heer Dry-Goods Co. v. Citizens Railway Co.
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbabd, Judge. (1) The petition shows that defendant was already lawfully upon Boonville street, and for a long time had been operating its railroad, and its complaint simply means that defendant threatens tq repair its existing track, or put a switch by its side. It is not a new or additional track, for it is only one hundred feet long, and is to be operated with the existing track, as the petition concedes.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbabd, Judge. (1) The petition shows that defendant was already lawfully upon Boonville street, and for a long time had been operating its railroad, and its complaint simply means that defendant threatens tq repair its existing track, or put a switch by its side. It is not a new or additional track, for it is only one hundred feet long, and is to be operated with the existing track, as the petition concedes. The construction of it is, therefore, not .within section 1576 of the Revised Statutes of 1889. The conceded right of the defendant to…
1Opinion of the CourtThompson, J.
This is an action by private parties against a street railway company to enjoin it from laying a sidetrack upon a street in the city of Springfield, already occupied by its main line. The defendant demurred to the petition; the demurrer was overruled; the defendant elected to stand on its demurrer, and the court thereupon entered final judgment as follows:
“ And it is by the court ordered and adjudged that the injunction heretofore granted in this action be, and is hereby made, perpetual until the defendant shall obtain lawful authority to lay said additional track, and the defendant is hereby…
2Cases cited10 opinions
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
- Fairchild v. City of St. LouisSupreme Court of Missouri · 1888
- Dubach v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
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3Cited by5 opinions
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- New v. South Davies County Drainage DistrictMissouri Court of Appeals · 1949
- Dickensheet v. Chouteau Mining Co.Missouri Court of Appeals · 1918
- Foudry v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1908
- Omer v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1907