McAntire v. Joplin Telephone Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The evidence is undisputed that the trees in question were in the street. Where such is the case the rights of the owner of the adjoining or abutting land must give way to the superior right of the public. The city has the superior right and may remove all obstructions from its streets and sidewalks that may interfere with the free use thereof by the city and the public.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The evidence is undisputed that the trees in question were in the street. Where such is the case the rights of the owner of the adjoining or abutting land must give way to the superior right of the public. The city has the superior right and may remove all obstructions from its streets and sidewalks that may interfere with the free use thereof by the city and the public. R. S. 1889, sec. 1515. (2) An abutting property owner has no such interest in trees growing in a street as would authorize a suit by him against a city or…
1Opinion of the Court
Gill, J. —
The defendant, while conducting its telephone business in Joplin, cut off the limbs and tops of certain shade trees planted and grown by the plaintiff in front of his residence. The trees were planted just inside the curb line and some fourteen years before the telephone poles were set and the wires strung. Plaintiff sued for damages, claiming that said residence property was depreciated in value by reason of the destruction of the shade trees. The sole defense was that the trees were in the way of, and interfered with the telephone wires necessary to the conduct of defendant’s…
2Cases cited5 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Walker v. City of SedaliaMissouri Court of Appeals · 1898
3Cited by11 opinions
- Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- State v. GraemeMissouri Court of Appeals · 1908
- Brown v. Town of CarrolltonMissouri Court of Appeals · 1907
- Colston v. City of St. JosephMissouri Court of Appeals · 1904
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