Wagner v. Edison Electric Illuminating Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Son. William Zachritz, Judge. (1) Respondent’s contention that a judgment in this action will bar another action begs the question, which is: The contract (if one existed) being entire, and not ended, can plaintiff maintain an action thereon? In other words, if he has a cause of action it has, I submit, been brought prematurely.
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Appeal from the St. Louis City Circuit Court. — Son. William Zachritz, Judge. (1) Respondent’s contention that a judgment in this action will bar another action begs the question, which is: The contract (if one existed) being entire, and not ended, can plaintiff maintain an action thereon? In other words, if he has a cause of action it has, I submit, been brought prematurely. It has been often held that where a suit is brought on a cause of action before the same has accrued, the proceeding must be dismissed. Heard v. Ritchey, 112 Mo. 519; Mason v. Barnard et al., 36 Mo. 384-391; Brown v.…
1Opinion of the CourtBland, P. J.
In 1896 the municipal assembly of the city of St. Louis, passed ordinance number 18680 (known as the “Keyes” ordinance), which required electric and power companies doing business within the district bounded by the river and Twenty-second street, Wash and Spruce streets, to bury their wires under ground, and forbidding the use of poles, etc., above ground, within the designated territory -after December 31, 1898. The ordinance provided certain privileges to persons and corporations complying with its terms. The defendant, the Phoenix Light, Heat and Power Company; the Missouri Electric Light…
2Cases cited23 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Sickels v. PattisonNew York Supreme Court · 1835
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
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3Cited by2 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- School District No. 6, Township 63, Range 29 v. BurrisMissouri Court of Appeals · 1900