Rourke v. Holmes Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) Tlie destruction of or interference with, the incorporeal hereditaments of light, air and access pertaining to property, by the construction of an elevated railway in a street upon which the property abuts, is the same as damaging the property itself, and under the Constitution the owner is entitled to recover for whatever peculiar damage results to it. Glaus & Sons Mfg.
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Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) Tlie destruction of or interference with, the incorporeal hereditaments of light, air and access pertaining to property, by the construction of an elevated railway in a street upon which the property abuts, is the same as damaging the property itself, and under the Constitution the owner is entitled to recover for whatever peculiar damage results to it. Glaus & Sons Mfg. Co. v. Railroad, 113 Mo. 315; DeGoefroy v. Merchants Bridge Terminal Ry. Co., 179 Mo. 698; Story v. Railroad, 90 N. T. 122; Doane v. Railroad, 165 111. 510;…
1Opinion of the CourtWoodson, J.
The plaintiffs instituted this suit in the circuit court of Jackson county to recover damages, alleged to have been done to their property, located in Kansas' City, caused by the construction and operation of an elevated street railway in front thereof by defendants, and thereby obstructing the light and air, and the ingress and egress to and from said property. The amount of damages claimed was $35,000. The answers were general denials.
A trial was had before the court and a jury, which resulted in a verdict and judgment for defendants; and in due time and in proper manner plaintiffs appealed…
2Cases cited11 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Metropolitan Street Railway Co. v. WalshSupreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kansas City v. Berkshire Lumber CompanySupreme Court of Missouri · 1965
- Hall's Adm'r v. Burton Produce Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Wigginton v. RuleSupreme Court of Missouri · 1918
- Chicago Rock-Island & Pacific Railway Co. v. HosmanMissouri Court of Appeals · 1932
- Poston v. Clarkson Construction CompanyMissouri Court of Appeals · 1966
6 more not listed; retrieve them via the Exa API.