Rychlicki v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. A. M. Thayer, Judge. (1) The right of the city to discriminate between two owners, by casting the injury of its embankment from the northwest corner of the land of plaintiff, is denied. Possibly and probably the injury which but for the conduits or drains under Page (or Cook) avenue to the northwestern lot is, in the eye of law, damnum absque injuria.
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Appeal from St. Louis City Circuit Court. — How. A. M. Thayer, Judge. (1) The right of the city to discriminate between two owners, by casting the injury of its embankment from the northwest corner of the land of plaintiff, is denied. Possibly and probably the injury which but for the conduits or drains under Page (or Cook) avenue to the northwestern lot is, in the eye of law, damnum absque injuria. But to cast these waters in a torrent upon plaintiff’s land, to convert it into a channel for the drain of an entire district, is a confiscation of plaintiff’s property to public uses,, a right of…
1Opinion of the CourtBlack, J.
— When this cause came on for trial in the circuit court, counsel for plaintiff made a statement of the facts which he proposed to prove. The statement was taken as proof of the matters recited, and thereupon the court directed a verdict for defendant, and plaintiff took a non-suit with leave, etc.
This statement, which for the purposes of this appeal must be taken as true, is not as full as might be desired, but it discloses these facts: The plaintiff owns fifteen arpents of land in the corporate limits of the city of St. Louis, bounded on the north by Page avenue and on the east by King’s…
2Cases cited6 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
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- Rathke v. GardnerMassachusetts Supreme Judicial Court · 1883
- Foster v. City of St. LouisSupreme Court of Missouri · 1879
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- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- City of Chickasha v. LooneySupreme Court of Oklahoma · 1912
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