State ex rel. Hopkins v. Excelsior Powder Manufacturing Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ron. Thomas J. Seehorn, Judge. (1) A powder mill, such as the defendant has, with its immense magazine for the storage of powder and its dynamite magazine, located as this is near a trunk line railroad, near public highways, near a public school, and in the midst of a populous community with its hotels, churches, stores, postoffices, shops and private residences, is a public nuisance.
Read the full summary
Appeal from Jackson Circuit Court. — Ron. Thomas J. Seehorn, Judge. (1) A powder mill, such as the defendant has, with its immense magazine for the storage of powder and its dynamite magazine, located as this is near a trunk line railroad, near public highways, near a public school, and in the midst of a populous community with its hotels, churches, stores, postoffices, shops and private residences, is a public nuisance. Joyce, Law of Nuisances, secs. 384, 385, 99; Garrett on Nuisances (3 Ed.), p. 43; Wood on Nuisances (3 Ed.), p. 6; Wilson v. Powder Mfg. Co., 40 W. Ya. 413; Cheatem v.…
1Opinion of the Court
ROY, C.
This is a proceeding to abate the defendant’s powder factory, powder magazine and dynamite magazine as a public nuisance, by injunction. The trial court found for the defendant and dismissed the bill. The petition is broad enough to cover any theory of the case shown by the evidence and prays that defendant be enjoined “from manufacturing or storing any powder, dynamite or other high explosives in any of its said buildings or on its said lands, or any part thereof, or on any other lands in the neighborhood in which the same are situated, and the plaintiff further prays for any and all…
2Cases cited19 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
- Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- City of Kansas City v. New York-Kansas Building Associates L.P.Missouri Court of Appeals · 2002
- Buchholz v. Standard Oil Co.Missouri Court of Appeals · 1922
- City of St. Louis v. Varahi, Inc.Missouri Court of Appeals · 2001
- Goose v. Commonwealth Ex Rel. DummitCourt of Appeals of Kentucky (pre-1976) · 1947
9 more not listed; retrieve them via the Exa API.