City of St. Louis v. Edward Heitzeberg Packing & Provision Co.
Supreme Court of Missouri
Error to St. Louis Court of Criminal Correction. — Hon. David Murphy, Judge. (1) The declaration by the ordinance that “the emission into the open air of dense black or thick gray smoke within the corporate limits of the city of St. Louis is a nuisance,” and the allegation in the statement and proof that such smoke was emitted from defendant’s plant, and the common knowledge of the annoying and detrimental character of such smoke within a populous city, establish a prima…
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Error to St. Louis Court of Criminal Correction. — Hon. David Murphy, Judge. (1) The declaration by the ordinance that “the emission into the open air of dense black or thick gray smoke within the corporate limits of the city of St. Louis is a nuisance,” and the allegation in the statement and proof that such smoke was emitted from defendant’s plant, and the common knowledge of the annoying and detrimental character of such smoke within a populous city, establish a prima facie case on the part of the city, and places the burden of proof on defendant to show that- “dense black or thick gray…
1Opinion of the CourtGantt, J.
— The city of St. Louis instituted this action against the defendant to recover a fine of $50 for the violation of what is known as “the smoke ordi*380nance.” That ordinance provides that “the emission into the open air of dense black or thick gray smoke within the corporate limits of the city of St. Louis” is thereby declared to be a nuisance, “and the owners, occupants, managers or agents of any establishment, locomotives or premises from which dense black or thick gray smoke is emitted or discharged, are made guilty of a misdemeanor and subject to a fine of not less than ten nor more than…
Also in this document: Concurrence.
2Cases cited8 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Village of Des Plaines v. PoyerIllinois Supreme Court · 1888
- Town of Lake View v. LetzIllinois Supreme Court · 1867
- Harmon v. City of ChicagoIllinois Supreme Court · 1884
- River Rendering Co. v. BehrSupreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Merchants Exchange v. KnottSupreme Court of Missouri · 1908
- St. Louis Gunning Advertising Co. v. City of St. LouisSupreme Court of Missouri · 1911
- McGill v. Pintsch Compressing Co.Supreme Court of Iowa · 1908
- Dibrell v. City of ColemanCourt of Appeals of Texas · 1914
- City of Sturgeon v. Wabash Railway Co.Missouri Court of Appeals · 1929
24 more not listed; retrieve them via the Exa API.