Mathiason v. St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred iu overruling appellant’s demurrer to the cross-bill, and in rendering the decree in question thereon.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The trial court erred iu overruling appellant’s demurrer to the cross-bill, and in rendering the decree in question thereon. The subject matter of appellant’s petition is the drain pipe in question and his right to be protected in its use, while the cross-bill of the city is based upon an alleged public nuisance created and maintained on appellant’s premises, and seeks to protect the public against injuries occasioned by the same. Under the circumstances, the latter can not be made the basis of a cross-bill. Eor a…
1Opinion of the CourtBurgess, J.
This is a proceeding by injunction by which it is sought to enjoin and restrain the defendant city, Richard R. Southard, its sewer commissioner, and Charles W. Francis, its acting health officer, from interfering with a certain iron drain pipe laid by plaintiff from a bone-meal and fertilizer factory of which he is the owner, situated upon the east side of Second street between Adelaide and Withers avenues in the city of St. Louis, under and across Second street, a public highway, to a private sewer across the street from his factory, said private sewer connecting with one of the city’s…
2Cases cited5 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Boland v. RossSupreme Court of Missouri · 1894
- Cheek v. City of AuroraIndiana Supreme Court · 1883
- Kemp v. MitchellIndiana Supreme Court · 1871
- Corby v. BeanSupreme Court of Missouri · 1869
3Cited by6 opinions
- Fulton v. FisherSupreme Court of Missouri · 1912
- Campbell v. SpottsSupreme Court of Missouri · 1932
- Babcock v. RiegerSupreme Court of Missouri · 1933
- Armstrong v. MayerNebraska Supreme Court · 1903
- MacDonald v. RumerSupreme Court of Missouri · 1928
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