Southern Illinois & M. Bridge Co. v. Stone
Decision Date | 04 March 1903 |
Citation | 174 Mo. 1,73 S.W. 453 |
Court | Missouri Supreme Court |
Parties | SOUTHERN ILLINOIS & M. BRIDGE CO. v. STONE et al. |
2. Gen. St. 1865, c. 69, § 16, authorizes the formation of bridge companies to construct bridges over any of the streams of water wholly or partly within the state for "public use" for the crossing of persons or property, and requires that the articles of such corporation shall recite "the purposes for which the bridge is to be used, whether for railroads or ordinary travel, or both." Rev. St. 1879, § 953, amended such section by substituting, for that part of the section which required the stating of the purposes of the bridge in the articles of incorporation, the requirement that the articles should be "according to the provisions of this article," which by section 929 thereof authorized the organization of corporations for the purpose of "constructing toll bridges." Held, that the amendment did not deny the right of incorporation of a company to construct a railroad toll bridge, but, instead, enlarged the power by permitting incorporation for the construction of toll bridges in general.
3. Gen. St. 1865, c. 69, § 17, authorizing bridge corporations to exercise the right of eminent domain, was amended by Laws 1871-72, p. 15, by inserting after the words "necessary to appropriate any lands of private persons or corporations," in the former act, the words "for approaches, road, foot, or wagon ways of said bridge company." Held, that the word "road," in such amendment, when applied to a structure designed for the passage of railroad trains, should be construed to mean "railroad," and authorized a railroad bridge company to condemn land for its approaches and necessary tracks to its bridge.
4. The courts of Missouri will not take judicial notice of the legislative acts or statutes of another state not introduced in evidence at the trial.
5. Rev. St. 1899, § 1024, authorizes a foreign corporation to transact business in Missouri on filing its articles of incorporation with the secretary of state, as required by section 1025, on obtaining a certificate from such secretary of state, and declares that such corporation shall be subject to all the liabilities, restrictions, and duties which are or may be imposed on corporations of like character, organized under the general laws of the state, "and shall have no other or greater powers." Held that, domestic bridge corporations being authorized to condemn land necessary for their purposes, where a foreign corporation was chartered to build a bridge across the Mississippi river between the states of Illinois and Missouri, and was authorized by act of congress to construct such bridge, such corporation, when properly authorized to do business in Missouri, was authorized to exercise the same right by section 1024, without regard to whether it was entitled to exercise such right in the state of its residence.
In Banc. Appeal from Circuit Court, Dunklin County; J. L. Fort, Judge.
Application by the Southern Illinois & Missouri Bridge Company for the condemnation of land, to which R. G. Stone and others filed objections. From a judgment sustaining the objections, plaintiff appeals. Reversed.
This is an appeal from a judgment of the circuit court of Dunklin county dismissing the petition of the plaintiff, in which it prayed for the appointment of commissioners to assess the damages which would be sustained by its appropriation of certain land lying on the west bank of the Mississippi river, in Scott county, in this state, for approaches, roadway, and terminal yards. The amount of land which it sought to condemn for its use as a bridge company was about 20 acres, a strip 200 feet wide and about 4,500 feet long, and extending west from the bank of the river. The defendants were the record owners when the petition was filed. The application in the first instance was made to Judge Riley, the regular judge of the Scott circuit. An affidavit of prejudice was filed aganist him, and he thereupon granted a change of venue to Judge Fort's circuit, and sent the case to Dunklin county.
The petition is as follows:
Summons regularly issued and was served on defendants. When the cause reached Dunklin county, the defendants filed the following pleading which they denominate an "answer" in the caption, and a "motion" in the body:
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