State ex rel. School Fund v. Wabash, St. Louis & Pacific Railway Co.
Citations
- 83 Mo. 144
Syllabus
<p>1. Pleading: passenger rooms at railway crossings: statute. In an action before a justice of the peace against a railroad, founded on R. S., sec. 797 as amended by the act of the General Assembly approved March 25, 1881, for the failure to erect passenger waiting rooms at railroad crossings, the statement is fatally defective which omits to aver that the intersecting railroads were both carriers of passengers.</p> <p>2. Constitution: police power. The requirement by the legislature of the erection of such passenger waiting rooms at railroad crossings is a x>roper exercise of police power of the state.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff had not \carried his burden of proving the fact and amount of damages\
- holding that the plaintiff had not “carried his burden of proving the fact and amount of damages”
- holding that one party’s delay in payment did not constitute a material breach of the contract and thus did not excuse the other party’s nonperformance
- holding that delay in payment schedule of approximately two weeks is not material breach given the prior dealings of parties and finding that adherence to schedule was not essential to contract
- vacating a lost profits assessment and reward for an award of nominal damages because plaintiff failed to present reasonably certain proof of the amount of lost profits
- “Only a breach that is sufficiently material and important to justify ending the whole transaction is a total breach that discharges the injured party’s duties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, Hough, Insufficiency, Norton, Remanded, Sherwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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