Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The constitution and laws of this state give to any railroad corporation the absolute and unqualified right to construct and operate a railroad between any points within this state, and to cross any other railroad. Const. Mo., art. 12, sec. 13; R. S., 1879, sec. 819. All railroads in this state are public highways. Const.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The constitution and laws of this state give to any railroad corporation the absolute and unqualified right to construct and operate a railroad between any points within this state, and to cross any other railroad. Const. Mo., art. 12, sec. 13; R. S., 1879, sec. 819. All railroads in this state are public highways. Const. Mo., art. 12, sec. 14. (2) And railroad companies have the right, subject only to the consent of the local authorities, to construct their roads across, along, or upon any street. This constitutes one of…
1Opinion of the CourtBrace, J.
This is an appeal from the decree of the circuit court of Buchanan county enjoining the defendant from entering upon, or interfering with plaintiff’s several railroad tracks as now constructed and operated on, over and across Fourth street in the city of St. Joseph.
The defendant, at the time of the filing of the petition, was engaged in constructing its track on Fourth street, was approaching the tracks of plaintiff, and purposed crossing them, claiming the right to do so by virtue of an ordinance of the city of St. Joseph duly passed and approved January 7, 1887, granting it “the privilege…
2Cited by16 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Henry Gaus & Sons Manufacturing Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1892
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
- Seibel-Suessdorf Copper & Iron Manufacturing Co. v. Manufacturers' Railway Co.Supreme Court of Missouri · 1910
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