Opinion

Eureka Real Estate & Investment Co. v. Southern Real Estate & Financial Co.

  • 355 Mo. 1199
  • 200 S.W.2d 328
  • 1947 Mo. LEXIS 533
Court
Supreme Court of Missouri
Filed
Mar 10, 1947
Status
Published
On the bench
Barrett, Bohling, Wesfhues
Cited by
31 cases

finding that an easement granted to a railroad did not allow the construc- tion of a power line that had no connection to the railway

How later courts described this case

  • finding that an easement granted to a railroad did not allow the construc- tion of a power line that had no connection to the railway
  • "the whole purpose for which the easement had been created was not at an end, there was yet a necessary incidental purpose to be served, the supplying of power for the operation of streetcars over that part of the line on which 'service' had not been discontinued ... [t]he evidence certainly does not show ... abandonment”
  • “It is true that the owner of an easement may, in some circumstances, license or authorize third persons to use its right[-]of[-]way for purposes not inconsistent with the principal use granted.... ”

Written by the judges who cited it.

The opinion

The foregoing opinion by BARRETT, C., is adopted as the opinion of the court. All the judges concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.