Whipple v. McIntyre
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Before Hon. Edward J. White, Special Judge. As to what constitutes a nuisance, see Winfield v. Carrollton, 50 Mo. App. 103, 104; Wood on Nuisances, sec. 599. A swine yard or pig pen in close proximity to a residence is per se a nuisance. 2 Whar. Crim. Law [5 Ed.], p. 362; Kirchgraber v. Lloyd, 59 Mo. App., at 62. The rule that plaintiff must first establish his right at law does not apply to nuisance per se.
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Appeal from the Lawrence Circuit Court. — Before Hon. Edward J. White, Special Judge. As to what constitutes a nuisance, see Winfield v. Carrollton, 50 Mo. App. 103, 104; Wood on Nuisances, sec. 599. A swine yard or pig pen in close proximity to a residence is per se a nuisance. 2 Whar. Crim. Law [5 Ed.], p. 362; Kirchgraber v. Lloyd, 59 Mo. App., at 62. The rule that plaintiff must first establish his right at law does not apply to nuisance per se. Bridge Co. v. B. B., 6 Paige, at 563. In such cases it is not necessary that there should be proof of the amount in dollars and cents of the…
1Opinion of the CourtBland, P. J.
William A. Whipple brought this suit against Robert J. McIntyre for keeping upon his lot a pig pen so near to the dwelling house of Whipple as to be injurious to the health and to detract from the comfort of Whipple and his family. The petition, omitting formal parts, is as follows:
“The plaintiff, William A. Whipple, states that he is now with his family in the actual occupation of a certain dwelling house as a residence situate on a tract or lot of land in the city of Mt. Vernon, in Lawrence county, Missouri, described by metes and bounds as follows: Beginning one hundred and eighty feet…
2Cases cited4 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Ware v. JohnsonSupreme Court of Missouri · 1874
- Kirchgraber v. LloydMissouri Court of Appeals · 1894
- McDonough v. RobbensMissouri Court of Appeals · 1895
3Cited by7 opinions
- Bower v. Hog Builders, Inc.Supreme Court of Missouri · 1970
- City of Fredericktown v. OsbornMissouri Court of Appeals · 1968
- Ex Parte GlassCourt of Criminal Appeals of Texas · 1905
- Potashnick Truck Service, Inc. v. City of SikestonSupreme Court of Missouri · 1943
- McCracken v. Swift & Co.Missouri Court of Appeals · 1923
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