Moore v. City of Cape Girardeau
Supreme Court of Missouri
Appeal from Cape Girardeau, Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) After the conveyance of the property by Lorimier’s heirs, and it being thrown open to the public, the right to use the street by lot-owners became a property interest, and the lot-owner is as much entitled to use of the street and to have it in passable condition as he has a right in his own lot.
Read the full summary
Appeal from Cape Girardeau, Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) After the conveyance of the property by Lorimier’s heirs, and it being thrown open to the public, the right to use the street by lot-owners became a property interest, and the lot-owner is as much entitled to use of the street and to have it in passable condition as he has a right in his own lot. Rude v. St. Louis, 93 Mo. 408 ; Thurston v. St. Joseph, 51 Mo. 510; Ferrenbach v. Turner, 86 Mo. 510 ; Lackland v. Railroad, 31 Mo. 181. (2) If a municipal corporation does not place and keep the streets in repair, after its…
1Opinion of the CourtSherwood, P. J.
The petition in this cause is substantially as follows: “Plaintiffs further state, that defendant is a municipal corporation * * Vl duly and legally incorporated, organized and existing under and by virtue of an act of the general assembly of the state of Missouri, approved March 29, 1872, and of the several acts of which the same was amendatory; and that on the first day of February, 1882, they were, and are still, the owners and in ■ possession of the following described real estate, lot number 2 in range II. * * *
‘ ‘ That upon said lot is situated a large, two-story, brick building of…
2Cases cited3 opinions
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Keating v. City of KansasSupreme Court of Missouri · 1884
- Brinck v. CollierSupreme Court of Missouri · 1874
3Cited by12 opinions
- State Ex Rel. Rothrum v. DarbySupreme Court of Missouri · 1940
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Boyd v. Kansas CitySupreme Court of Missouri · 1922
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- State ex rel. North & South Railway Co. v. MeierSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.