Carpenter v. Reliance Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. H. D. Wood, Judge. (1) That portion of the building ordinance of the .city of St. Louis providing that whenever an excavation to the bottom of a footing for a business building is carried to a greater depth than fifteen feet below the curb level, it shall be the duty of the person making or causing said excavation to be made to preserve any contiguous legal wall or walls from injury and sustain, protect and underpin the same…
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. H. D. Wood, Judge. (1) That portion of the building ordinance of the .city of St. Louis providing that whenever an excavation to the bottom of a footing for a business building is carried to a greater depth than fifteen feet below the curb level, it shall be the duty of the person making or causing said excavation to be made to preserve any contiguous legal wall or walls from injury and sustain, protect and underpin the same is invalid, for the reason that .same is an attempt to exercise a legislative function not .delegated to-municipal…
1Opinion of the CourtGoode, J.
— The Reliance Realty Company and the Hill-0’Meara Construction Company are corporations. The former owns a lot on the northeast corner of Olive and Sixth streets in the city of St. Louis, which fronts fifty feet on the north line of Olive street and extends north 114 feet along the east line of Sixth. The plaintiff, James M. Carpenter, owns two lots adjoining the Realty Company’s lot. One of them'fronts'on the *485east side of Sixth, street and is contiguous to the Realty Company’s lot on the north; the other is immediately east of the lot of the Realty Company. So the two surround the Realty…
2Cases cited36 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- City of Quincy v. JonesIllinois Supreme Court · 1875
- Dorrity v. . RappNew York Court of Appeals · 1878
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
31 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stephens v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1967
- Royal Indemnity Company v. SchneiderMissouri Court of Appeals · 1972
- City of Sturgeon v. Wabash Railway Co.Missouri Court of Appeals · 1929
- Hickman v. WellauerWisconsin Supreme Court · 1919
- MacRae v. City of FayettevilleSupreme Court of North Carolina · 1929
10 more not listed; retrieve them via the Exa API.