Planet Property & Financial Co. v. St. Louis, Oak Hill & Carondelet Railway Co.
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Courti -(1) All the allegations of the petition are admitted by the demurrer, and if a cause of action can be gleaned therefrom the circuit court erred in sustaining the demurrer. The petition states á good cause of action.
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Appeal from the St. Louis City Circuit Courti -(1) All the allegations of the petition are admitted by the demurrer, and if a cause of action can be gleaned therefrom the circuit court erred in sustaining the demurrer. The petition states á good cause of action. Railroad v. Schaubacher, 57 Mo., 583; Julia Building Ass’n v. Telephone Co., 88 Mo. 262. (2) The owner in fee of land abutting on a street is also the owner in fee to the center of the street subject to an easement in the public therein. 88 Mo. 267. Such being the law, plaintiff herein was owner in fee of all that portion of the Old…
1Opinion of the Court
. Burgess, J.
This is a proceeding by injunction instituted on September 23, 1890. The petition- is substantially as follows:
‘ ‘In the summer of 1886 the defendant, being desirous of constructing a railroad in the city of St. Louis, obtained permission from the municipal assembly of said city to cross certain streets intersected by its proposed route as evidenced by the following ordinance approved June 15, 1886:
“‘(13,657.)
“ ‘An ordinance authorizing the St. Louis, Oak Hill and Oarondelet Railway Company to lay down and maintain railway tracks across and upon certain streets, avenues, roads…
2Cases cited3 opinions
- Kerr v. SimmonsSupreme Court of Missouri · 1884
- Murphy v. PriceSupreme Court of Missouri · 1871
- Walker v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
3Cited by13 opinions
- Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Erhart v. ToddSupreme Court of Missouri · 1959
- Mills v. TaylorSupreme Court of Missouri · 1954
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