Holke v. Herman
Missouri Court of Appeals
Appeal from Warren Circuit Court. — lion. Elliott M. Hughes, Judge. (1) The judgment of the lower court should' be reversed, because it erred in overruling defendant’s objection to the admission of any evidence in the case. Plaintiff’s petition does not state facts sufficient to constitute a cause of action. A pond is not a nuisance per se. McDonough v. Robbens, 60 Mo.
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Appeal from Warren Circuit Court. — lion. Elliott M. Hughes, Judge. (1) The judgment of the lower court should' be reversed, because it erred in overruling defendant’s objection to the admission of any evidence in the case. Plaintiff’s petition does not state facts sufficient to constitute a cause of action. A pond is not a nuisance per se. McDonough v. Robbens, 60 Mo. App. 156. The petition does not charge that it is to be filled with filthy or dirty water, or that it is so located as that it will necessarily be filled with dirty or filthy water. Or that it is so situated that it can not be…
1Opinion of the CourtGoode, J.
The plaintiffs and the defendant are adjoining proprietors in the village of Holstein in Warren county. The plaintiffs own a tract of land of irregular shape containing five acres or more on which they had resided twenty-eight years, and the defendant a lot about three hundred feet square, bounded on the west and north by plaintiffs’ land. A public road or street runs along the south side of defendant’s lot on which fronts his hotel and saloon building near the southeast corner of the lot. West of the hotel building is another house used for a dance-hall and west of that a brick building…
2Cases cited28 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Town of Lake View v. Rose Hill Cemetery Co.Illinois Supreme Court · 1873
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
- Adams v. MichaelCourt of Appeals of Maryland · 1873
- Dunn v. City of AustinTexas Supreme Court · 1889
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Clutter v. BlankenshipSupreme Court of Missouri · 1940
- Eckels v. WeibleySupreme Court of Pennsylvania · 1911
- Loewenberg v. De VoigneMissouri Court of Appeals · 1909
- Caskey v. EdwardsMissouri Court of Appeals · 1908
9 more not listed; retrieve them via the Exa API.