Legal Opinion

Lockwood v. Wabash Railroad

Supreme Court of Missouri

Decided May 24, 1894PublishedCited by 38 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The charter of the North Missouri railroad company, and also the ordinance of the city of St. Louis, authorized the construction of the main track and siding in Collins street. Black v. Railroad, 58 Pa. St. 249; Railroad v. Municipality, 1 La.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The charter of the North Missouri railroad company, and also the ordinance of the city of St. Louis, authorized the construction of the main track and siding in Collins street. Black v. Railroad, 58 Pa. St. 249; Railroad v. Municipality, 1 La. Ann. 128. (2) The charter and ordinance in question were valid acts of legislative authority, and the use of streets authorized by them is a public use, consistent with the purposes for which streets are dedicated or established. Railroad v. City, 10 N. J. Eq. 352; 6 "Wharf.…

1Opinion of the CourtG-antt, P. J.

This is a proceeding for injunction by plaintiffs who are abutting property owners on Collins street, in the city of St. Louis, between Franklin avenue and Carr street, to prevent the defendant, a steam railway company, from constructing, maintaining and operating its railway along Collins street between Carr street and Franklin avenue, with a prayer for general relief.

The petition alleges: That the plaintiffs are the owners of certain described property on Collins street, between Carr street and Franklin avenue. That this property is valuable, is worth more than $30,000, and that its access…

2Cases cited9 opinions

  1. Rude v. City of St. LouisSupreme Court of Missouri · 1887
  2. Schopp v. City of St. LouisSupreme Court of Missouri · 1893
  3. Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
  4. City of St. Louis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  5. Henry Gaus & Sons Manufacturing Co. v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1892

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3Cited by38 opinions

  1. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  2. Kansas City v. HydeSupreme Court of Missouri · 1906
  3. State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
  4. Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
  5. Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894

33 more not listed; retrieve them via the Exa API.

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