Moore v. Hawk
Missouri Court of Appeals
Appeal from the Linn Circuit Court., — Hon. G-. D. Burgess, Judge. (1) His hedge was twelve years old before the act of March 16, 1881, requiring hedges to be 'cut, was passed. This act is not in terms retroactive and can not be applied to this hedge without Violence to all settled rules of construction.
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Appeal from the Linn Circuit Court., — Hon. G-. D. Burgess, Judge. (1) His hedge was twelve years old before the act of March 16, 1881, requiring hedges to be 'cut, was passed. This act is not in terms retroactive and can not be applied to this hedge without Violence to all settled rules of construction. State v. Grant, 79 Mo. 114-117; State v. Ferguson, 62 Mo. 77; State v. Hayes, 52 Mo. 578-580; State v. Green, 78 Mo. 188-190. (2) The road was never regularly laid out under the law, but was only created by Moore leaving fifteen feet of his ground outside his rail fence built in 1866, and the…
1Opinion of the CourtEllison, J.
— Plaintiff brought this action against defendants on account of their cutting down hismsage hedge and tearing down his rail fence. The trial below resulted for defendants a.nd plaintiff appeals.
Defendant seeks to justify his cutting the hedge and removing the fence by showing that he was road overseer for the district which included plaintiff’s lands, and that the rail fence was standing in the'public highway, and the hedge being more than five years old had been permitted by plaintiff to grow to a height of twenty feet; that he cut it down after giving the plaintiff the requisite notice, to…
2Cases cited2 opinions
- McShane v. City of MoberlySupreme Court of Missouri · 1883
- City of Kansas ex rel. Enright v. RatekinMissouri Court of Appeals · 1888
3Cited by4 opinions
- State v. FeitzMissouri Court of Appeals · 1911
- Township Board ex rel. Feitz v. McPhearsonMissouri Court of Appeals · 1913
- State v. AuffartMissouri Court of Appeals · 1915
- State v. AuffartMissouri Court of Appeals · 1915