Warren v. Cavanaugh
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The quarry was not opened until the stone wras reached and quarried, which was two months after the dwelling-house on lot 2 was erected and occupied.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The quarry was not opened until the stone wras reached and quarried, which was two months after the dwelling-house on lot 2 was erected and occupied. As the opening of the quarry and working it, within three hundred feet of the dwelling-house, without the consent of the occupant thereof, was a violation of the city ordinance, and therefore illegal and wrongful, and was an irreparable and continuous damage to plaintiff ’ s property, plaintiff can maintain an injunction to restrain it, notwithstanding the fact that he…
1Opinion of the CourtPeers, J.
This is a proceeding to enjoin the defendant from opening and working a stone-quarry on certain lots in the city of St. Louis, as the opening and working, as alleged in the petition, is without the consent in writing of the occupant of either of the two dwelling-houses owned by plaintiff and situated within three hundred feet of said proposed quarry, and without the defendant having obtained permission from the city of St. Louis so to do, by proper ordinance, and the same will be an irreparable injury to plaintiff’s lot 2, which adjoins another lot upon which plaintiff’s dwelling-house is…
2Cases cited8 opinions
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
- President of Waupun v. MooreWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hubert v. MagidsonSupreme Court of Missouri · 1951
- Mason v. DeiteringMissouri Court of Appeals · 1908
- Holland Realty & Power Co. v. City of St. LouisSupreme Court of Missouri · 1920
- Putnam v. CoatesMissouri Court of Appeals · 1926
- Shelton v. LentzMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.