Walther v. City of Cape Girardeau
Missouri Court of Appeals
Appeal from Cape Girardeau. Court of Common Pleas. —Hon. R. G. Rcmney, Judge. (1) Cape Girardeu is a city of the third class. The city not only has the right to abate nuisances within the city but it is its duty to do so. It is one of the police powers of the city, and may be exercised in a summary manner.. Secs. 9231, 9235, 9574, E. S. 1909; McQuillian Municipal Ordinances, sec. 444; 29 Cyc. pp. 1214-1218; Chillicothe v. Bryan, 103 Mo.
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Appeal from Cape Girardeau. Court of Common Pleas. —Hon. R. G. Rcmney, Judge. (1) Cape Girardeu is a city of the third class. The city not only has the right to abate nuisances within the city but it is its duty to do so. It is one of the police powers of the city, and may be exercised in a summary manner.. Secs. 9231, 9235, 9574, E. S. 1909; McQuillian Municipal Ordinances, sec. 444; 29 Cyc. pp. 1214-1218; Chillicothe v. Bryan, 103 Mo. App. 409; "Waggoner v. South Gorin, 88 Mo. App. 25; Gallaso v.Sikeston, 124 Mo. App. 380; Eealty Co. v. Crockett, 158 Mo. App. 573,138 S. W. 924; St. Louis v.…
1Opinion of the CourtReynolds, P. J.
— In March, 1910, the city of Cape Girardeau, a city of the third class, cut a ditch ninety feet in length, width not given, but apparently about three feet, through and across a lot owned by plaintiff fronting on Frederick street in that city and constructed a permanent sewer therein partly of twenty-four inch and partly of eighteen inch pipe, connecting the same with a thirty inch sewer pipe which the city had before then laid under Frederick street when it filled up that street. The city had no permission or authority from plaintiff to cut through his lot and lay this pipe but claimed the…
2Cases cited16 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
- Gibbs v. WilliamsSupreme Court of Kansas · 1881
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
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3Cited by11 opinions
- Higday v. NickolausMissouri Court of Appeals · 1971
- Goll v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1917
- Keener v. SharpSupreme Court of Missouri · 1937
- Kalbfell v. City of St. LouisSupreme Court of Missouri · 1948
- Camden Special Road District of Ray County v. TaylorMissouri Court of Appeals · 1973
6 more not listed; retrieve them via the Exa API.