State ex rel. Detienne v. City of Vandalia
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, J uclge. (1) The State may maintain an action against a municipal corporation and the creators of a nuisance through its public law officer. 1 Encyl. of Law (2 Ed.), p. 72; 21 Encyl. of Law (2 Ed.), p. 705; 10 Encyl. of PI. and Pr., p. 902; 14 Encyl. of PI. and Pr., p. 1136; 29 Encyl. of Law (2 Ed.), p. 82. (2) The same rule obtains in Missouri.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, J uclge. (1) The State may maintain an action against a municipal corporation and the creators of a nuisance through its public law officer. 1 Encyl. of Law (2 Ed.), p. 72; 21 Encyl. of Law (2 Ed.), p. 705; 10 Encyl. of PI. and Pr., p. 902; 14 Encyl. of PI. and Pr., p. 1136; 29 Encyl. of Law (2 Ed.), p. 82. (2) The same rule obtains in Missouri. State ex rel. v. Saline Oo., 51 Mo.< 350; McDonald v. City of Newark, 7 Atl. 855; Belcher v. Grain Elevator, 82 Mo. 121; B. S. 1899, sec. 6130. (3) The streets of a city are held in trust by…
1Opinion of the CourtGoode, J.
(after stating the facts). — That the occupation of a portion of a main street in the city of Vandalia by a private structure of the dimensions given in the information, is a public nuisance and unlawful, we have no doubt. The structure is alleged to be a platform and shed sixty feet long, thirty-five feet wide and twenty feet high, erected wholly within the street. On said platform defendants are alleged to have placed large farm scales, a corn-sheller operated by steam, and other machinery. This building is said.to form an obstruction completely preventing travel on the western half of the…
2Cases cited26 opinions
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- People v. . BallardNew York Court of Appeals · 1892
- Smith v. McDowellIllinois Supreme Court · 1893
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by11 opinions
- State Ex Rel. Lyon v. Columbia Water Power Co.Supreme Court of South Carolina · 1909
- State ex rel. Hopkins v. Excelsior Powder Manufacturing Co.Supreme Court of Missouri · 1914
- Potashnick Truck Service, Inc. v. City of SikestonSupreme Court of Missouri · 1943
- State ex rel. State Highway Commission v. JohnsMissouri Court of Appeals · 1974
- State Ex Rel. King v. FriarSupreme Court of Oklahoma · 1933
6 more not listed; retrieve them via the Exa API.