Home/Supreme Court of Missouri/Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal Railroad

Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal Railroad

97 Mo. 457
Supreme Court of Missouri·Decided October 15, 1888·Published·Cited by 16 cases

Opinion

Brace, J.

This is an appeal from the decree of the circuit court of Buchanan county enjoining the defendant from entering upon, or interfering with plaintiff’s several railroad tracks as now constructed and operated on, over and across Fourth street in the city of St. Joseph.

The defendant, at the time of the filing of the petition, was engaged in constructing its track on Fourth street, was approaching the tracks of plaintiff, and purposed crossing them, claiming the right to do so by virtue of an ordinance of the city of St. Joseph duly passed and approved January 7, 1887, granting it “the privilege of laying down, constructing, using and maintaining forever along Fourth street a single railroad track from the south line of Sacramento street to the north line of Lafayette street.”

The accompanying map or diagram represents the relative situation of the grounds of the contestants, the tracks of plaintiff as established and operated, and the points of their crossing by the proposed track of the defendant, the plaintiff’s tracks are in yellow, and the defendant’s in red.

It will be observed from the map, that the defendant proposes to cross six of the plaintiff’s tracks on Fourth street, that at the points of crossing, the plaintiff is the owner of the property abutting said street on each' side thereof. Prior to September, 1878, the plaintiff was the absolute owner also of the strip, of ground between its said abutting premises designated on the map as Fourth street, with its several tracks as located thereon, and was operating the said several tracks in its business as a common carrier of passengers and freight in connection with its tracks on its adjoining property of which the street then formed a part. At the September term, 1878, of the circuit court of Buchanan county, in a pro ceeding instituted by the city of St. Joseph against the

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Kansas City, St. Joseph & Council Bluffs Railroad v. St. Joseph Terminal Railroad, 97 Mo. 457 (Mo. 1888).

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