Blackford v. Heman Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff was not entitled to the relief prayed in his petition, because: On the face of his petition, and under the testimony in the case he was guilty of gross, laches. 18 Am. and Eng. Ency. Law (2 Ed.), p. 97 and note 4. (2) The decree is too general; and is so worded as to unnecessarily infringe defendants’ rights in the premises.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff was not entitled to the relief prayed in his petition, because: On the face of his petition, and under the testimony in the case he was guilty of gross, laches. 18 Am. and Eng. Ency. Law (2 Ed.), p. 97 and note 4. (2) The decree is too general; and is so worded as to unnecessarily infringe defendants’ rights in the premises. Schaub v. Construction Co.,. 108 Mr. App. 122; McMenomy v. Band, 87 Cal. 134. (1) A nuisance, if continued, becomes a fresh nuisance every day, and authorizes new suits accordingly.…
1Opinion of the CourtNortoni, J.
This is an action in equity, seeking injunctive relief against the operation of a quarry *159alleged to be a private nuisance. The circuit court, decreed a perpetual injunction and the defendants appeal. The quarry is situated in the very heart of the city of St. Louis. Its precise location is on a plat, of ground fronting 250 feet on the north line of Forest Park Boulevard, by about 187 feet north therefrom to-an alley; the west line of said plat of ground is about 130 feet east of Spring avenue. The north one-half of said block on which the quarry is situated, is occupied by numerous family…
2Cases cited14 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Paddock v. SomesSupreme Court of Missouri · 1890
- Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bennett v. Mallinckrodt, Inc.Missouri Court of Appeals · 1985
- Benton v. KernanNew Jersey Superior Court Appellate Division · 1941
- Clinic & Hospital, Inc. v. McConnellMissouri Court of Appeals · 1951
- Wippler v. HohnSupreme Court of Missouri · 1937
- Opal v. Material Service Corp.Appellate Court of Illinois · 1956
14 more not listed; retrieve them via the Exa API.