Lawyers' Reports Annotated Bk. 3

Cover Lawyers' Reports Annotated Bk. 3
Lawyers' Reports Annotated Bk. 3
Lawyers Co-Operative Publishing Company
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257; Chicago dW. 1. B Co. V. Ayers, 14 Am. & Eng. R. R. Cas. 152 The facts are fully stated in the opinion.
Messrs. Ramey Ss Brown, Oeorflre W.
McCrmrj' and W. D. B. Motter,Tor ap: pellant: The Constitution and laws of this State give to nny railroad corporation the absolute and unqualified right to construct and operate a railroad between any points within this State, and to cross any other railroad.
Mo. Const art. 12, § 18; 1 Mo. Rev. Stat.
1879. §819, p. 148.
All railn)ad8 in this State are
...public high- ways (Mo. Const, art. 12, § 14); and railroad companies have the right, subject only to the consent of the local authorities, to construct their roads across, along or upon any street.
I Mo. Rev. Stat. 1879, § 765, p. 126; Julia Bldff, Asso. V. BeU Tdeph. Co. 5 West. Rep. 857, 88 Mo. 258, and cases cited.
A railroad company has no exclusive privi- lege in the simple right to travel, with its vehi- cles, across the State. It must exercise this right in common with all others having the aame right; and the fact that it is necessarily obstructed in its passage by the passage of an- other in the exercise of the same right does it no legal injury and entitles it to no compensa- tion.


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