City of St. Joseph v. St. Joseph Terminal Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. William D. Rush, Judge. Under the law and the evidence the respondent is estopped to deny the abandonment of that portion of Seventh Street occupied by appellant and is estopped to deny appellant the right to occupy and use said street. The doctrine of equitable estoppel applies to municipalities the same in all respects as it applies to individuals when facts and circumstances warrant its application.
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Appeal from Buchanan Circuit Court. — Hon. William D. Rush, Judge. Under the law and the evidence the respondent is estopped to deny the abandonment of that portion of Seventh Street occupied by appellant and is estopped to deny appellant the right to occupy and use said street. The doctrine of equitable estoppel applies to municipalities the same in all respects as it applies to individuals when facts and circumstances warrant its application. Knight v. Railroad, 70 Mo. 231; Hovehnan v. Railroad, 79 Mo. 632; Senter v. Lumber Co., 255 Mo. 590; Wilson v. Drainage District, 257 Mo. 266;…
1Opinion of the CourtGraves, J.
— The petition herein is in two
counts: (1) an action to enjoin the defendant for ob*50structing a certain described portion of Seventh Street in the city of St. Joseph, and (2) an action in ejectment to recover the possession of that portion of said street. In the trial nisi the plaintiff had judgment upon both counts of the petition, and from such judgment the defendant has appealed. The first count charged the unlawful use and obstruction of said street by the defendant in that:
“The defendant has constructed and now maintains thereon its railroad tracks, turntables, roundhouses and water tanks…
2Cited by21 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
- State Ex Rel. Consolidated School District No. 2 of Pike County v. HaidSupreme Court of Missouri · 1931
- State Upon the Information of McKittrick v. Springfield City Water Co.Supreme Court of Missouri · 1939
- Mississippi-Fox River Drainage District 2 of Clark County v. PlengeMissouri Court of Appeals · 1987
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