Scott County Macadamizde Road Company v. State of Missouri Ex Rel Hines, No. 52

CourtUnited States Supreme Court
Writing for the CourtHolmes
Citation215 U.S. 336,30 S.Ct. 110,54 L.Ed. 221
Docket NumberNo. 52
Decision Date20 December 1909
PartiesSCOTT COUNTY MACADAMIZDE ROAD COMPANY, Plff. in Err., v. STATE OF MISSOURI EX REL. T. D. HINES, Prosecuting Attorney of Cape Girardeau County

215 U.S. 336
30 S.Ct. 110
54 L.Ed. 221
SCOTT COUNTY MACADAMIZDE ROAD COMPANY, Plff. in Err.,

v.

STATE OF MISSOURI EX REL. T. D. HINES, Prosecuting Attorney of Cape Girardeau County.

No. 52.
Argued December 7, 8, 1909.
Decided December 20, 1909.

Messrs. Edward S. Robert, Douglas W. Robert, William L. Becktold, R. G. Ranney, and Giboney Houck for plaintiff in error.

[Argument of Counsel from pages 336-337 intentionally omitted]

Page 337

Messrs.

M. A. Dempsey, T. D. Hines, R. L. Wilson, and Harry Alexander for defendant in error.

[Argument of Counsel from pages 337-339 intentionally omitted]

Page 339

Mr. Justice Holmes delivered the opinion of the court:

This is a suit brought in pursuance of a statute to enjoin the plaintiff in error from maintaining toll gates upon a road alleged to be a public highway. The defendant justifies under a charter granted by a special act of February 24, 1853, which contained the following section: '8. The privileges granted in this charter shall continue for fifty years; provided, that the county courts of the counties of Cape Girardeau and Scott may, at the expiration of twenty years, or any time thereafter, purchase said road at the actual cost of construction, and make it a free road.' Mo. Law 1853, pp. 337, 338. The defendant says that it has not received the cost of construction, and sets up the Constitution of the United States, art. 1, § 10, the 14th Amendment, and other less material clauses. The reply is that the right to take tolls expired on February 24, 1903, when the fifty years contemplated by the charter had elapsed. There was a trial and a judgment for the relator, which was affirmed by the supreme court of the state, and the case was brought here. 207 Mo. 54, 105 S. W. 752, 13 A. & E. Ann. Cas. 656.

The plaintiff in error contends that the privileges refered to in § 8 are but three; the life of the corporation brought into being by the charter, the exclusive right to maintain a toll road, granted by § 2, and the right to take higher tolls than those allowed to toll companies organized under a general act then in force; but that it cannot be deprived of its right to take tolls except by a purchase of the road at the actual cost of construction. It says that the provision for the right to purchase at the expiration of twenty years 'or at any time thereafter' imports that the right to make the road free, even after fifty years, can be gained only by

Page 340

purchase, and...

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11 practice notes
  • State ex Inf. McKittrick v. Mo. Utilities Co., No. 34073.
    • United States
    • United States State Supreme Court of Missouri
    • September 8, 1936
    ...Louisville Trust Co. v. Cincinnati, 76 Fed. 296; Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234; Scott County Road Co. v. Hines, 215 U.S. 336; Turnpike Co. v. Illinois, 96 U.S. 63; Owensborough v. Cumberland Tel. Co., 230 U.S. 58; Postal Tel.-Cable Co. v. Ingraham, 228 Fed. 392; Smit......
  • State ex Inf. Shartel v. Mo. Utilities Co., No. 31441.
    • United States
    • United States State Supreme Court of Missouri
    • October 5, 1932
    ...U.S. 39; Louisville Tr. Co. v. Cincinnati, 76 Fed. 296; Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234; Scott Co. Rd. Co. v. Hines, 215 U.S. 336; Turnpike Co. v. Illinois, 96 U.S. 63. When the term is fixed the rights of the grantee will cease at the expiration of the term, 26 C.J. 1......
  • Hamill v. Hawks, No. 511.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 14, 1932
    ...with its `successors and assigns.' * * *" In State ex rel. v. Scott County Road Co., 207 Mo. 54, 105 S. W. 752, 13 Ann. Cas. 656 (Id., 215 U. S. 336, 30 S. Ct. 110, 54 L. Ed. 221), the same legislative act that incorporated the company for fifty years limited its right to take tolls to fift......
  • Bowers v. Public Service Co., No. 28917.
    • United States
    • United States State Supreme Court of Missouri
    • September 5, 1931
    ...N.W. 1081; Nellis on Street Surface Railroads, 124, Sec. 18; Detroit United Ry. v. Detroit, 229 U.S. 39; Scott County Road Co. v. Hines, 215 U.S. 336; Henry L. Doherty & Co. v. Toledo Railways & Light Co., 254 Fed. 601; Central Power Co. v. Central City, 282 Fed. 998; Illinois Trust & Savin......
  • Request a trial to view additional results
11 cases
  • State ex Inf. McKittrick v. Mo. Utilities Co., No. 34073.
    • United States
    • United States State Supreme Court of Missouri
    • September 8, 1936
    ...Louisville Trust Co. v. Cincinnati, 76 Fed. 296; Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234; Scott County Road Co. v. Hines, 215 U.S. 336; Turnpike Co. v. Illinois, 96 U.S. 63; Owensborough v. Cumberland Tel. Co., 230 U.S. 58; Postal Tel.-Cable Co. v. Ingraham, 228 Fed. 392; Smit......
  • State ex Inf. Shartel v. Mo. Utilities Co., No. 31441.
    • United States
    • United States State Supreme Court of Missouri
    • October 5, 1932
    ...U.S. 39; Louisville Tr. Co. v. Cincinnati, 76 Fed. 296; Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234; Scott Co. Rd. Co. v. Hines, 215 U.S. 336; Turnpike Co. v. Illinois, 96 U.S. 63. When the term is fixed the rights of the grantee will cease at the expiration of the term, 26 C.J. 1......
  • Hamill v. Hawks, No. 511.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 14, 1932
    ...with its `successors and assigns.' * * *" In State ex rel. v. Scott County Road Co., 207 Mo. 54, 105 S. W. 752, 13 Ann. Cas. 656 (Id., 215 U. S. 336, 30 S. Ct. 110, 54 L. Ed. 221), the same legislative act that incorporated the company for fifty years limited its right to take tolls to fift......
  • Bowers v. Public Service Co., No. 28917.
    • United States
    • United States State Supreme Court of Missouri
    • September 5, 1931
    ...N.W. 1081; Nellis on Street Surface Railroads, 124, Sec. 18; Detroit United Ry. v. Detroit, 229 U.S. 39; Scott County Road Co. v. Hines, 215 U.S. 336; Henry L. Doherty & Co. v. Toledo Railways & Light Co., 254 Fed. 601; Central Power Co. v. Central City, 282 Fed. 998; Illinois Trust & Savin......
  • Request a trial to view additional results

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