Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.
Supreme Court of Missouri
Error to Macon Circuit Court. — Hon. N. M. Shelton, Judge. (1) While it is declared in section 20, article 2, Constitution, that “Whenever an attempt is made to take private property for a use alleged to be public, the question of whether the contemplated use be really public shall be a judicial question and as such judicially determined without regard to any legislative assertion that the use is public,” still, section 14, article 12, declares that railroads are public…
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Error to Macon Circuit Court. — Hon. N. M. Shelton, Judge. (1) While it is declared in section 20, article 2, Constitution, that “Whenever an attempt is made to take private property for a use alleged to be public, the question of whether the contemplated use be really public shall be a judicial question and as such judicially determined without regard to any legislative assertion that the use is public,” still, section 14, article 12, declares that railroads are public highways and railroad companies common carriers and hence, section 20 of article 2 is limited so far as concerns railroads,…
1Opinion of the CourtMarshall, J.
The plaintiff is a duly organized and chartered railroad company, under the provisions of article 2 of chapter 42, Revised Statutes 1889, for the purpose of constructing and operating a broad gauge railroad “for public use in the conveyance of persons and property from a point in, at or near the town of Ardmore, Macon county, Missouri, to a point in, at or near the town of Bevier in the same county and State, a distance of ten miles or more.” The plaintiff is also the lessee for a term of twenty years from July 1, 1899, from the Wabash railroad of its branch railroad from Excello to Ardmore.…
2Cases cited22 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- New Central Coal Co. v. George's Creek Coal & Iron Co.Court of Appeals of Maryland · 1873
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- West v. WhiteheadCourt of Appeals of Texas · 1922
- Riley v. Charleston Union Station Co.Supreme Court of South Carolina · 1905
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- Oregon Short Line R. v. Postal Tel. Cable Co. of IdahoCourt of Appeals for the Ninth Circuit · 1901
- Richland School Township v. OvermyerIndiana Supreme Court · 1905
34 more not listed; retrieve them via the Exa API.