Powell v. Brookfield Pressed Brick & Tile Manufacturing Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Defendant corporation-was legally authorized and licensed to establish its brick plant, and to manufacture, burn and sell brick; the plant is established on the company’s own ground. The trial court overlooked or disregarded the well defined legal distinction between acts done under authority, permission or license of the law, and acts done by one not so authorized.
Read the full summary
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Defendant corporation-was legally authorized and licensed to establish its brick plant, and to manufacture, burn and sell brick; the plant is established on the company’s own ground. The trial court overlooked or disregarded the well defined legal distinction between acts done under authority, permission or license of the law, and acts done by one not so authorized. Bishop’s non-contract law presents the doctrine as follows, section 425: “If a statute or a municipal by-law, valid in law, authorizes a thing to be done, it is not…
1Opinion of the CourtSmith, P. J.
The plaintiffs were the owners of a tract of land abutting against the right of way of the Hannibal & St. Joseph Eailroad on the north and on which there was an inclosed cultivated field in which plaintiff had planted and growing a crop of com. On the south side of the said railway and opposite to the land of plaintiff the defendant — a manufacturing com*716pany organized under article 9, chapter 12, Revised Statutes — owned a tract on which at a distance seventy-five feet south of said railroad’s right of way it constructed and operated brick kilns for the burning of brick. The petition inter…
2Cases cited6 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Clark v. Mayor & Common CouncilNew York Supreme Court · 1852
- Pickering v. Mississippi Valley National Telegraph Co.Supreme Court of Missouri · 1871
- People v. President, Directors & Co.New York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- White v. SmithMissouri Court of Appeals · 1969
- Ex Parte HadacheckCalifornia Supreme Court · 1913
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Fuchs v. Curran Carbonizing and Engineering Co.Missouri Court of Appeals · 1955
6 more not listed; retrieve them via the Exa API.