State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service Commission
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Eon. A. W. Walker, Judge. (1) The order of the commission and the confirmation thereof by the circuit court of Randolph County are void, in that they would take, damage and destroy the property of appellants, for a public use without just compensation ; without any compensation, and without assessment of damages and the payment of the same, all in violation of section 21, article 2, Constitution of Missouri.
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Appeal from Randolph Circuit Court. — Eon. A. W. Walker, Judge. (1) The order of the commission and the confirmation thereof by the circuit court of Randolph County are void, in that they would take, damage and destroy the property of appellants, for a public use without just compensation ; without any compensation, and without assessment of damages and the payment of the same, all in violation of section 21, article 2, Constitution of Missouri. Investment Co. v. St. Joseph, 191 Mo. 459; Telephone & Telegraph Co. v. Railroad, 202 Mo. 656; Railroad v. Pfau, 212 Mo. 398; Railroad v. Realty Co.,…
1Opinion of the CourtWilliams, J.
This proceeding was originally instituted before the Public Service Commission by the city of Moberly, asking the Public Service Commission to require the Missouri, Kansas & Texas Railway Company and the Wabash Railway Company to bear a portion of the expense in constructing a subway at the Rollins Street crossing of said railway companies’ tracks in said city of Moberly. Upon a hearing, the Public Service Commission ordered the subway to be constructed at an estimated cost of $44,700, 'and apportioned the cost of the same as follows: to the Wabash Railway Company, $18,246; to the Missouri,…
2Cases cited8 opinions
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- State ex rel. City of Duluth v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1906
- Chicago, Burlington & Quincy Railroad v. Public Service CommissionSupreme Court of Missouri · 1915
- St. Paul & Sioux City Railroad v. MurphySupreme Court of Minnesota · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. Kansas City v. Public Service CommissionSupreme Court of Missouri · 1975
- State Ex Rel. Kurn v. HughesSupreme Court of Missouri · 1941
- Kalbfell v. City of St. LouisSupreme Court of Missouri · 1948
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930
- State Ex Rel. Alton Railroad v. Public Service CommissionSupreme Court of Missouri · 1934
13 more not listed; retrieve them via the Exa API.