Stevens v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Clark Circuit Court. — -Hon. Edwin B. McKee, Judge. The mere appointment of a receiver with the usual powers does not relieve the company from liability to suit. Railroad v. Cuppy, 11th Am. and Eng. Railroad cases, 562. Where the railroad is in the hands of trustees, exercising the same functions the corporation is formed to exercise, third persons may sue the corporation in respect to transactions had with such trustees.
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Appeal from Clark Circuit Court. — -Hon. Edwin B. McKee, Judge. The mere appointment of a receiver with the usual powers does not relieve the company from liability to suit. Railroad v. Cuppy, 11th Am. and Eng. Railroad cases, 562. Where the railroad is in the hands of trustees, exercising the same functions the corporation is formed to exercise, third persons may sue the corporation in respect to transactions had with such trustees. Railroad v. Ullman, 89 111. 24¡é; Ricketts v. Railroad, 41 Am. and Eng. Railroad cases, 42; Railroad v. Ross, 142 111. 79; Naglee v. Railroad, 33 Am. and Eng…
1Opinion of the CourtGoode, J.
In August, 1899, the appellant suffered a loss of growing timber, cord-wood, poles and grass from a fire set out by sparks from a locomotive running on the track of the respondent’s railroad in Clark county. The railroad property was, at the time the fire occurred, in the hands of receivers appointed by the circuit court of the United States for the western division of the western district of Missouri in a proceeding instituted against the company by the Union Trust Company of New York, trustee. The receivers qualified in Eebruary, 1894. The record contains no proof as to when they were…
2Cases cited8 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Turner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- Clark v. ConwaySupreme Court of Missouri · 1856
- Farrell v. Union Trust Co.Supreme Court of Missouri · 1883
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3Cited by1 opinion
- Harris v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1907