Rankin v. Charless
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Civil action under the code. The plaintiff, in his petition, stated that he was the owner of a lot on the west side of Main street, in the city of St. Louis, upon which there was a four story brick building, the south wall of which was on the south line of the lot; that the defendant was the owner of an adjoining lot on the south, upon which he erected a building, the joists of which he inserted in plaintiff’s south wall, without…
Read the full summary
Appeal from St. Louis Court of Common Pleas. Civil action under the code. The plaintiff, in his petition, stated that he was the owner of a lot on the west side of Main street, in the city of St. Louis, upon which there was a four story brick building, the south wall of which was on the south line of the lot; that the defendant was the owner of an adjoining lot on the south, upon which he erected a building, the joists of which he inserted in plaintiff’s south wall, without his consent, whereby plaintiff stated that his building was greatly •weakened, and exposed to greater risk of injury and…
1Opinion of the CourtScott, Judge
1. There is no evidence preserved in the record in support of the defence set up by the defendant. Consequently, no question can arise as to the right to continue the use of the •wall of the plaintiff as a support for the joists of his building. The verdict establishes the fact, that the defendant has unlawfully made use of the building of the plaintiff, as a support to the joists of his house, and the only question that arises is, what remedy or judgment is warranted in law by the verdict of the jury? The present practice act having blended the jurisdiction of courts of law and equity, it…
2Cases cited1 opinion
- Fullerton v. WarrickIndiana Supreme Court · 1833
3Cited by8 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Bailey v. CulverSupreme Court of Missouri · 1884
- Abrahams v. KrautlerSupreme Court of Missouri · 1856
- Fink v. AldersonMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.