Heitz v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) To create a highway by estoppel there must be-acceptance on behalf of the public, as well as intent to dedicate on the part of the owner.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) To create a highway by estoppel there must be-acceptance on behalf of the public, as well as intent to dedicate on the part of the owner. St. Louis v. University, 88 Mo. 158; Kemper v. Collins, 97 Mo. 646; Putnam v. Walker, 30 Mo. 600; Parsons v. Trustees, 44 G-a. 539; Detroit v. Railroad, 23 Mich. 210; People v. Beaubien, 2 Doug. 286; Brink v. Collier, 56 Mo. 162; Lee v. Lake, 14 Mich. 12; Karris v. Commonwealth, 20 Gratt. 640. (2) Public user- of a street is of avail only as evidence of acceptance by the proper…
1Opinion of the CourtSherwood, P. J.
The plaintiff claiming ownership by quitclaim deed from Mrs. Carr of strips of ground, marked on the plat “Kosciusko” street and the two ‘alleys,” fenced in said strips,' whereupon the defendant city, through its marshal, Neiser, went about to tear down the fences obstructing the street and alleys, when plaintiff applied for, and obtained, a temporary injunction, which, upon final hearing, was dissolved; hence, this appeal.
In 1859, Mrs. Dorcas Carr, being then the owner of a tract of ground extending from Carondelet avenue (now Broadway) eastward to the Mississippi river, caused a plat…
2Cases cited6 opinions
- Hicklin v. McClearOregon Supreme Court · 1889
- Zearing v. RaberIllinois Supreme Court · 1874
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
- Baker v. VanderburgSupreme Court of Missouri · 1889
- Pierce v. ChamberlainSupreme Court of Missouri · 1884
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3Cited by36 opinions
- City of Corsicana v. ZornTexas Supreme Court · 1904
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Kirchen v. RemengaMichigan Supreme Court · 1939
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Indian Rocks Beach South Shore v. EwellSupreme Court of Florida · 1952
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