Pitzman v. Boyce
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Petition .for injunction in order to prevent the defendants from removing certain sewer pipes and connections whereby plaintiff was enabled to drain his premises by arranging his pipes, so as to effect that purpose by means of a sinkhole on the defendant Boyce’s lot. The other defendants are agents of said defendant, and employed by her to do the work of removal.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Petition .for injunction in order to prevent the defendants from removing certain sewer pipes and connections whereby plaintiff was enabled to drain his premises by arranging his pipes, so as to effect that purpose by means of a sinkhole on the defendant Boyce’s lot. The other defendants are agents of said defendant, and employed by her to do the work of removal. Facts as follows: Plaintiff is the owner of a lot of ground, two hundred and eighty-two feet in front on the east line of Compton avenue, extending eastwardly three…
1Opinion of the CourtSherwood, P. J.
The correctness of the view taken by the lower court is now to be examined.
The question first to be determined in this case is whether the use was really adverse to the owne r, or was it merely permissive in its character. If permissive in its inception, then such permissive character being stamped on the use at the outset will continue of the same nature, and no adverse user can arise until a distinct and positive assertion of a right hostile to the owner, and brought home to him, can transform a subordinate and friendly holding into one of an opposite nature, and exclusive and independent…
2Cases cited15 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Fuhr v. DeanSupreme Court of Missouri · 1857
- St. Louis National Stock Yards v. Wiggins Ferry Co.Illinois Supreme Court · 1884
- State v. WaltersSupreme Court of Missouri · 1879
10 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Jacobs v. BrewsterSupreme Court of Missouri · 1945
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Anson v. TietzeSupreme Court of Missouri · 1945
45 more not listed; retrieve them via the Exa API.