North Missouri Railroad v. Winkler
Supreme Court of Missouri
Error to Macon Circuit Court. The facts sufficiently appear in the opinion of the court. I. When the company had run the line of the road on the route indicated and permanently located it, it “ passed” through the county on the route indicated within the meaning of the agreement.
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Error to Macon Circuit Court. The facts sufficiently appear in the opinion of the court. I. When the company had run the line of the road on the route indicated and permanently located it, it “ passed” through the county on the route indicated within the meaning of the agreement. (Central Plank Road v. Clemens, 16 Mo. 359; Pacific Railroad v. Renshaw, 18 Mo. 210; Hannibal Plank Road Co. v. Menafee, 25 Mo. 547; Redfield on Railways, 74 ; McMillan v. Lexington and Marysville R. R. Co. 15 B. Monr. 218 ; State v. Collins, 6 Ohio, 61; 18 Mo. 562 ; 9 Watts, 458 ; 27 Penn. State, 261 ;• Henderson…
1Opinion of the CourtEwiNG, Judge
This was an action by the North Missouri Railroad Company against the defendant to recover one share of stock which he had subscribed thereto. The petition alleges that “ on the 23d of December, 1853, the defendant subscribed to the capital stock of said railroad company one share, amounting to one hundred dollars, by which he agreed to pay all calls upon said stock as the same should be made by order of the board of directors of said company, provided the road of said company passed through Macon county, on the dividing ridge which separated the waters of the Mississippi from the waters of…
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