Legal Opinion

Adams v. St. Louis & San Francisco Railway Co.

Supreme Court of Missouri

Decided March 16, 1897PublishedCited by 4 opinions

Appeal from Laclede Circuit Court. — Hon. W. I. Wallace, Judge. Defendant, for a reversal, relies upon the following points: (1) Section 2615 (the act approved March 31, 1887) of the Revised Statutes of 1889 is unconstitutional, because: First. It impairs the obligation of the contract contained in defendant’s charter.

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Appeal from Laclede Circuit Court. — Hon. W. I. Wallace, Judge. Defendant, for a reversal, relies upon the following points: (1) Section 2615 (the act approved March 31, 1887) of the Revised Statutes of 1889 is unconstitutional, because: First. It impairs the obligation of the contract contained in defendant’s charter. R. S. 1889, sec. 2543; Fletcher v. Peck, 6 Cranch, 87; Dartmouth College v. Woodward, 4 Wheat. 518; U. S. v. Quincy, 4 Wall. 535; Greene v. Biddle, 8 Wheat. 92; Planters’ Bank v. Sharp, 6 How. 327; Commissioners v. Transfer Co., 107 Pa. St. 112; Railroad v. Railroad, 60, Md.…

1Opinion of the Court

IN DIVISION TWO.

Buegess, J.

This is an action brought by plaintiff for damages caused by the destruction by fire of nursery stock, the property of plaintiff, alleged to have been set out by an engine or engines of, or operated by, defendant upon its railroad.

The petition contains two counts for injuries to the property, occasioned at different times, the causes of action being bottomed upon the provisions of sections 1 and 2, of an act of .the General Assembly of the State of Missouri, entitled “An act to establish the responsibility of railroad corporations, companies and persons owning or…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894

3Cited by4 opinions

  1. McFarland v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
  2. Blackmore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
  3. Yellow Cab Co. v. BaileyCourt of Appeals of Tennessee · 1927
  4. Metal Forms Corp. v. ClemansOhio Court of Appeals · 1931

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