Legal Opinion

Julia Building Ass'n v. Bell Telephone Co.

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 67 opinions

Appeal from St. Louis Court of Appeals. (1) The plaintiff is the owner in fee of the western half of Sixth street between Olive and Locust streets. Newhall v. Ires on, 8 Cush. 595; Nichols v. Suncorlc Mfg. Co., 34 N. II. 345; Adams v. Railroad, 33 Barb. 414; Hannibal Bridge Co. ,v. Sehauback&r, 57 Mo. 582; Higbee v. Railroad, 19 N. J. 276 ; Paul v. Carver, 26 Pa.

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Appeal from St. Louis Court of Appeals. (1) The plaintiff is the owner in fee of the western half of Sixth street between Olive and Locust streets. Newhall v. Ires on, 8 Cush. 595; Nichols v. Suncorlc Mfg. Co., 34 N. II. 345; Adams v. Railroad, 33 Barb. 414; Hannibal Bridge Co. ,v. Sehauback&r, 57 Mo. 582; Higbee v. Railroad, 19 N. J. 276 ; Paul v. Carver, 26 Pa. St. 224. (2) The right of the city in Sixth street was amere easement, the ownership of the fee being in plaintiff and the evidence shows that the walls placed therein, the!sidewalk thereon and the area or basement enclosed thereby…

1Opinion of the Court

Norton, J.-

This case is before us on plaintiff’s appeal from the judgment of the St. Louis court of appeals affirming the j udgment of the circuit court of the city of St. Louis, in dismissing plaintiff’s bill, invoking the injunctive powers of the court to l’estrain and enjoin de*263fendant from erecting and maintaining telephone poles and wires at two points on Sixth street between Locust and Olive streets in said city. The grounds for the relief sought and asked for by plaintiff, as stated in the petition, are substantially that plaintiff is the owner of a lot of ground, abutting and fronting…

2Cases cited11 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Werth v. City of SpringfieldSupreme Court of Missouri · 1883
  3. Householder v. City of KansasSupreme Court of Missouri · 1884
  4. Board of Trade Telegraph Co. v. BarnettIllinois Supreme Court · 1883
  5. Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Detroit City Railway v. MillsMichigan Supreme Court · 1891
  2. City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
  3. Donovan v. AllertNorth Dakota Supreme Court · 1902
  4. Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
  5. Schopp v. City of St. LouisSupreme Court of Missouri · 1893

62 more not listed; retrieve them via the Exa API.

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