Ferrenbach v. Turner
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Taxpayers have the right to bring this action and sue out an injunction. Mathis v. Inhabitants, 62 Mo. 504; Nemmeier v. M. & M. JR,. R., 52 Mo. 81; Roach v. St. Louis Public Schools, 77 Mo. 485. (2) The city of St. Louis has no right to close up wells, without due process of law.
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Appeal from, St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Taxpayers have the right to bring this action and sue out an injunction. Mathis v. Inhabitants, 62 Mo. 504; Nemmeier v. M. & M. JR,. R., 52 Mo. 81; Roach v. St. Louis Public Schools, 77 Mo. 485. (2) The city of St. Louis has no right to close up wells, without due process of law. Const, of Mo., secs. 21, 22, 30, art. 2. There is a special property and franchise in wells, protected by the constitution. The adjoining property owners own to the middle of the street subject to the easement. Everett v. City, 46 Iowa, 67;…
1Opinion of the CourtBlack, J.
— This was a suit to enjoin the defendants from filling up wells in the streets of St. Louis. A temporary injunction was denied, and the petition dismissed.
The plaintiffs are resident taxpayers, and commenced the suit for themselves, and all other persons •similarly situated. They allege that some of the plaintiffs, and many other persons, owners of different parcels ■of real estate, with the consent of the city, express or implied, dug wells on their respective parcels of property, and in the sidewalks, and furnished the same with pumps, etc. That some of the wells liave been in use for…
2Cases cited5 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
- Rutherford v. TaylorSupreme Court of Missouri · 1866
- Price v. ThompsonSupreme Court of Missouri · 1871
- West v. BancroftSupreme Court of Vermont · 1859
3Cited by31 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Snoddy v. BolenSupreme Court of Missouri · 1894
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- City of St. Louis v. LiessingSupreme Court of Missouri · 1905
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