Owen v. St. Louis & San Francisco Railway Co.
Citations
- 83 Mo. 454
Syllabus
<p>1. Railroads: freight; constitution: statute. A railroad'corporation, organized under the laws of this state, subsequent to the going into effect of the present constitution, and the laws passed thereunder classifying and regulating the charges of railroads for carriage of freight, is subject to the provisions of such constitution and laws. It cannot claim exemption therefrom on the ground that it has purchased the privileges and franchises of a railroad corporation whose existence antedates that of the constitution and said laws.</p> <p>2. Bailroads: carriage of freight, charges for. Under the evidence in this case, held, the defendant in its transaction with plaintiff did not violate the law (R. S., §§ 833, 834, 835) regulating charges for carrying freight.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that conduct that is “characterized by the high degree of discretion and judgment involved in weighing alternatives and making choices with respect to public policy” is entitled to immunity
- “The existence of municipal immunity for discretionary functions is fundamental to our system of separation of powers.”
- municipal discretionary function immunity case citing DiFruscia v. N.H. Dept. of Public Works, 136 N.H. 202, 203 (1992), a State discretionary function immunity case
- setting of road maintenance standards a discretionary, policy function
- setting of road maintenance standards a discretionary, policy function
- discussing the abrogation of municipal immunity in tort
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, Hough, Sherwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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