State ex rel. National Subway Co. v. St. Louis
Supreme Court of Missouri
Mandamus. The questions presented for decision in this suit are quite simple. They are the following: (1) Has the city of St. Louis given its consent or permission to the National Subway Company of Missouri, its successors or assigns, to exercise the franchise granted to it by the State? (2) If it has done so, can the city, under any state of facts, or as set forth in this suit, revoke its consent, and, as expressed by counsel for respondents in the former mandamus suit, the…
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Mandamus. The questions presented for decision in this suit are quite simple. They are the following: (1) Has the city of St. Louis given its consent or permission to the National Subway Company of Missouri, its successors or assigns, to exercise the franchise granted to it by the State? (2) If it has done so, can the city, under any state of facts, or as set forth in this suit, revoke its consent, and, as expressed by counsel for respondents in the former mandamus suit, the contract being executory, in so much as the relator has only been acting under its “franchise” for about seven years,…
1Opinion of the CourtBurgess, J.
This is a proceeding by mandamus to compel the city of St. Louis, and its board of public improvements, and the members of the board, *556viz.: Robert E. McMath, president of said board, and M. L. Holman, water commissioner; Branch H. Colby, sewer commissioner; Franklin L. Ridgely, park commissioner; Charles H. Stone, harbor commissioner and A. N. Milner, street commissioner, to take action upon plans and specifications submitted by relators to said board on February 19,1897, “for service and supply pipes connecting manholes in the subway constructed by virtue of the terms of ordinances numbered…
2Cases cited30 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Russell v. PlaceSupreme Court of the United States · 1877
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Chicago v. SheldonSupreme Court of the United States · 1870
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3Cited by41 opinions
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- State ex rel. Garner v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1905
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
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