Legal Opinion

Skrainka v. Oertel

Missouri Court of Appeals

Decided December 18, 1883PublishedCited by 7 opinions

Appeal from the St. Louis Circuit Court, Thayer, J. Injunction will lie to restrain an interference with a right of way.— London M. W. JR. JR. v. Lancashire & Y. JR. JR. Co., 4 Eq. 178; Goodson v. Richardson, 9 Ch. 221; Allen v. Martin, 20 Eq. 465 ; Ardley v. Guardians of St. Paneras, 39 L. I. 871. The remedy must be sought while the work is unfinished, because when it has been once completed, the party must resort to an action of damages.— Fanors v. Van Littart, 1 Ra.

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Appeal from the St. Louis Circuit Court, Thayer, J. Injunction will lie to restrain an interference with a right of way.— London M. W. JR. JR. v. Lancashire & Y. JR. JR. Co., 4 Eq. 178; Goodson v. Richardson, 9 Ch. 221; Allen v. Martin, 20 Eq. 465 ; Ardley v. Guardians of St. Paneras, 39 L. I. 871. The remedy must be sought while the work is unfinished, because when it has been once completed, the party must resort to an action of damages.— Fanors v. Van Littart, 1 Ra. Ca. 602 ; Drere v. Guest, 1 M. & C. 516; Moreland v. Richardson, 22 Beav. 604; Gamochanr. Norwich, 8. R. Co., 26 Beav. 171;…

1Opinion of the CourtBakewell, J.

This is an application for an injunction. The plaintiffs allege that they oavii a lot in city block 237, bounded west by Commercial Street; that Commercial Street runs east and west through the block, and is not a public way, but a private easement essential to the convenient use of plaintiff’s property; that defendants, from April, 1882, to the filing of the bill on the 9th of May, 1882, have quarried into Commercial Street south of and adjoining plaintiffs’ property; that this is an irreparable *476injury to plaintiffs, and endangers and destroys their easement, etc.

The defendants file separate…

2Cases cited3 opinions

  1. Rector v. HarttSupreme Court of Missouri · 1844
  2. Taylor v. City of St. LouisSupreme Court of Missouri · 1851
  3. Hayden v. TuckerSupreme Court of Missouri · 1866

3Cited by7 opinions

  1. Anderson v. AndersonMissouri Court of Appeals · 1893
  2. Bartram v. Ohio & Big Sandy R. R.Court of Appeals of Kentucky · 1910
  3. Real Estate Investment Co. v. WinnMissouri Court of Appeals · 1938
  4. Primm v. WhiteMissouri Court of Appeals · 1912
  5. Putnam v. CoatesMissouri Court of Appeals · 1926

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