State ex rel. McWilliams v. Little River Drainage District
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Row. Frank Kelly, Judge. (1) Injunction is the proper remedy, (a) Injunction will lie here because the damage proposed to tbe public highway-will be a continuing one in depriving plaintiff of the use of a public thoroughfare and the damages would not be capable of an approximate assessment.
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Appeal from Scott Circuit Court. — Row. Frank Kelly, Judge. (1) Injunction is the proper remedy, (a) Injunction will lie here because the damage proposed to tbe public highway-will be a continuing one in depriving plaintiff of the use of a public thoroughfare and the damages would not be capable of an approximate assessment. Being entitled to the easement in the public highway, as defendants here admit, the law does not oblige plaintiff to submit to a tortious expropriation of it by defendants in exchange for such damages as a jury may see fit to give. Lakenan v. Railroad, 36 Mo. App. 372;…
1Opinion of the CourtFaris, J.
This is a proceeding by injunction brought at the relation of the prosecuting attorney of Scott County, and for the benefit of that county, against the Little River Drainage District and the- several individuals composing the board of supervisors and secretary of said district. The county (which we shall hereafter refer to as the plaintiff, for convenience) was cast below, and after taking the proper steps has appealed to this court.
The petition is exceedingly lengthy, as -is likewise the answer of respondents; together these pleadings cover the first twenty-seven pages of a closely printed…
2Cases cited6 opinions
- Morrison v. MoreySupreme Court of Missouri · 1898
- Schneider v. PattonSupreme Court of Missouri · 1903
- State ex rel. Jones v. Chariton Drainage District No. OneSupreme Court of Missouri · 1913
- Krueger v. JenkinsNebraska Supreme Court · 1900
- Alt v. StateNebraska Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. SaundersSupreme Court of Missouri · 1921
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
- State ex rel. Caruthers v. Little River Drainage DistrictSupreme Court of Missouri · 1917
- Jacobs v. CauthornSupreme Court of Missouri · 1922
22 more not listed; retrieve them via the Exa API.