McDonough v. Robbens
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The demurrer below should have been overruled. Cleveland v. Cas Co., 20 N. J. Eq. 201; Boss v. Butler, 19 N. J. Eq. 291; By an v. Copes, 73 Am. Dec., note on pp. Ill and 115; 2 Wood on Nuisances, p. 1171, sec. 797; p. 1171, sec. 799; p. 1185, sec. 801. A dairy is not a nuisance per se, but a legitimate business and one that can be so conducted as not to constitute a nuisance.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The demurrer below should have been overruled. Cleveland v. Cas Co., 20 N. J. Eq. 201; Boss v. Butler, 19 N. J. Eq. 291; By an v. Copes, 73 Am. Dec., note on pp. Ill and 115; 2 Wood on Nuisances, p. 1171, sec. 797; p. 1171, sec. 799; p. 1185, sec. 801. A dairy is not a nuisance per se, but a legitimate business and one that can be so conducted as not to constitute a nuisance. It is not conducted or pursued as a mere licensed privilege, but as a matter of right and, like any other legitimate business or trade, limited…
1Opinion of the CourtBond, J.
Plaintiffs filed the following petition:
“Plaintiffs state that they are the owners of, and heretofore have been and now, are with their respective families, in the actual occupation of the dwelling houses and residential premises in the city of St. Louis and state of Missouri, located as follows: The residence of Martin McDonough is at number 3030 Magnolia avenue, the residence of Gottlieb Windt is at number 3135 *158Magnolia avenue, and the residence of A. R. Milantz is at 3131 Magnolia avenue; that all of said dwelling houses were built and inhabited by these respective plaintiffs long before…
2Cases cited1 opinion
- Adams v. MichaelCourt of Appeals of Maryland · 1873
3Cited by3 opinions
- Caskey v. EdwardsMissouri Court of Appeals · 1908
- Mason v. DeiteringMissouri Court of Appeals · 1908
- Whipple v. McIntyreMissouri Court of Appeals · 1897