Kavanaugh v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -How. Warwick Hough, Judge. (1) The grant of the right of way in this case was to the Fourth Street and Arsenal Railway Company, and to no one else. (2) Under the general law of this country, such grants made to a corporation are not assignable without express statutory authority. Such grants are to be strictly construed. Snell v. Chicago, 152 U. S. 199; 26 Am. and Eng. Ency.
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Appeal from St. Louis City Circuit Court. — -How. Warwick Hough, Judge. (1) The grant of the right of way in this case was to the Fourth Street and Arsenal Railway Company, and to no one else. (2) Under the general law of this country, such grants made to a corporation are not assignable without express statutory authority. Such grants are to be strictly construed. Snell v. Chicago, 152 U. S. 199; 26 Am. and Eng. Ency. Law (2 Ed.), 672; Endlich on Interpretation (Ed. 1888), sec. 354; Elliott on Bailroads, sec. 488; Wood on Railroads (1894), sec. 455; Short on Railway Bonds (1897), sec. 142;…
1Opinion of the Court
IN BANC.
2Per curiam
Upon consideration of this case the opinion of (xraves, J., in Division No. 1, is adopted as the opinion of the Court in Banc.
All concur, except Valliant, C. J., who dissents in separate opinion.
Judgment affirmed.
*502IN DIVISION ONE.
GRAVES, J.
This is an action for injunction tried in the city of St. Louis. The plaintiff, "William K. Kavanaugh, claims to be the trustee of an express trust for the Wiggins Perry Company, an Illinois corporation.- The suit is against the city of St. Louis, and its street commissioner and its superintendent of city lighting. The facts pleaded and proven by…
3Cases cited7 opinions
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- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hovelman v. Kansas City Horse RailroadSupreme Court of Missouri · 1883
- Utah, N. & C. R. v. Utah & C. Ry. Co.U.S. Circuit Court for the District of Nevada · 1901
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- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
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