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WABASH RAILROAD COMPANY v. CITY OF WELLSTON

No. 44218.

276 S.W.2d 208 (1955)

WABASH RAILROAD COMPANY, a Corporation, Respondent, v. CITY OF WELLSTON, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

March 14, 1955.

Attorney(s) appearing for the Case

Wm. J. Becker, Clayton, for appellant.

Albert E. Schoenbeck, St. Louis, for respondent Wabash R. Co.

LOZIER, Commissioner.

Plaintiff railroad company (herein called the Wabash) sued defendant city (herein called Wellston) for $12,000 with six per cent interest from January 31, 1951. The Wabash had judgment for $14,108. Wellston appealed.

We believe that the issues may be better stated after we summarize the uncontroverted facts.

The Wabash tracks cross three certain streets in St. Louis County. On May 19, 1949, the Wabash and the St. Louis County...

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