State ex rel. Wabash Railway Co. v. Roach
Supreme Court of Missouri
Mandamus. (1) Relator owns the portion of the Wabash Railroad situated in Missouri and is not only authorized by section 13, article 12, of the Constitution to carry persons and property as a common carrier “between any points within this State,” hut is required to do so by section 14 of the same article, which declares relator “a common carrier” and its railroad “a public highway.”
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Mandamus. (1) Relator owns the portion of the Wabash Railroad situated in Missouri and is not only authorized by section 13, article 12, of the Constitution to carry persons and property as a common carrier “between any points within this State,” hut is required to do so by section 14 of the same article, which declares relator “a common carrier” and its railroad “a public highway.” Sec. 3078, R. S. 1909; Brown v. Railroad, 137 Mo. 537; Dietrich v. Murdock, 42 Mo. 284; Branch v. Jessup, 106 U. S. 483; Gamble v. Q. C. W. Co., 123 N. T. 91. (2) The Act of 1913 is void because, if given effect,…
1Opinion of the CourtGraves, J.
Original action in mandamus, against the Secretary of State. The relator, Wabash, Railway Company, is a new corporation, organized under the laws of Indiana, in October, 1915, and more-particularly under the Act of March 3, 1865, of that. State. The petition has been treated as and for the alternative writ, and a demurrer has been filed thereto, which reads:
“Now at this date comes the respondent, Cornelius Roach, Secretary of State of the State of Missouri, and after entering his appearance and waiving the issuance of an alternative writ in this case, demurs to. the petition of relator for…
2Cases cited5 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Stone v. MississippiSupreme Court of the United States · 1880
- State ex rel. Haeussler v. GreerSupreme Court of Missouri · 1883
- Daniels v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1876
- Sloan v. Pacific RailroadSupreme Court of Missouri · 1875
3Cited by5 opinions
- Mississippi River Fuel Corp. v. SlaytonCourt of Appeals for the Eighth Circuit · 1966
- State Ex Rel. Standard Tank Car Co. v. SullivanSupreme Court of Missouri · 1920
- Trustees of William Jewell College v. BeaversSupreme Court of Missouri · 1943
- XO Missouri, Inc. v. City of Maryland HeightsDistrict Court, E.D. Missouri · 2002
- Mississippi River Fuel Corporation v. Rose SlaytonCourt of Appeals for the Eighth Circuit · 1966