Legal Opinion

Helton v. St. Louis, Keokuk & Northwestern Railway Co.

Missouri Court of Appeals

Decided April 5, 1887PublishedCited by 4 opinions

Appeal from the Hannibal Court of Common Pleas, Theo. Brace, Judge. This was ■an action for breach of contract for failure and refusal to deliver the pass. The measure of damages was the value of the pass. Railroad v. Douthet, ■ 88 Pa. St. 243 ; 32 Am.

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Appeal from the Hannibal Court of Common Pleas, Theo. Brace, Judge. This was ■an action for breach of contract for failure and refusal to deliver the pass. The measure of damages was the value of the pass. Railroad v. Douthet, ■ 88 Pa. St. 243 ; 32 Am. Rep. 451. The foreclosure and sale of the property and franchises of the Mississippi Talley & Western Railway Company, under the mortgage, did ■not divest the land owner’s right to compensation for his land, and he is entitled to such compensation from the purchasers at the- sale, though the purchasers are ■created a new corporation. Railroad…

1Opinion of the CourtThompson, J.

This is an action at law, tried before the court without a jury. At the close of the plaintiff ’ s case the court sustained a demurrer to the evidence ; whereupon the plaintiff took a non-suit with leave, and, his motion to *324set aside the same being overruled, he prosecutes this appeal.

We may decide the case either upon the face of the petition or upon the evidence; because the petition states no cause of action, and any evidence proving the allegations of such a petition would show no cause of action.

The case is that, in 1872, the plaintiff conveyed to the Mississippi Yalley & Western Railway…

2Cases cited3 opinions

  1. Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
  2. Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
  3. Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876

3Cited by4 opinions

  1. Dickey v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1894
  2. Ruddick v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1893
  3. Wallace v. Ann Arbor & Ypsilanti Electric Railway Co.Michigan Supreme Court · 1899
  4. Pierce Fordyce Oil Ass'n v. WoodrumCourt of Appeals of Texas · 1916

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