Edmondson v. City of Moberly
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. Gf. H. Burokhartt, Judge. Moberly was authorized by its charter to build and maintain a system of sewers for the drainage of its streets, etc., and for the maintenance of the public health. In 1885, under an ordinance to that effect, it constructed a number of sewers for the drainage of the city.
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Appeal from Randolph Circuit Court. — Hon. Gf. H. Burokhartt, Judge. Moberly was authorized by its charter to build and maintain a system of sewers for the drainage of its streets, etc., and for the maintenance of the public health. In 1885, under an ordinance to that effect, it constructed a number of sewers for the drainage of the city. These drains, when completed, discharged the sewage finally into a small running stream or branch, near plaintiffs’ residence within the city limits. Plaintiffs’ evidence tended to show that this discharge was so filthy and noxious that it polluted the…
1Opinion of the CourtBarclay, J.
— Conceding full effect to the authority conferred by the city’s charter to establish a sewer system, it yet falls far short of legalizing the municipal acts here in question. The power granted was general. It did not expressly indicate and sanction the particular arrangement of drains adopted. Hence the power itself must be regarded as subject to the just limitation forbidding its exercise in such manner as to create a *526nuisance injurious to private rights of property where such a consequence is not a necessary result of exerting the power. This principle is now quite generally recognized as…
2Cases cited3 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Morse v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Capp v. City of St. LouisSupreme Court of Missouri · 1913
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Corrington v. KalicakMissouri Court of Appeals · 1959
- Harrison v. McReynoldsSupreme Court of Missouri · 1904
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