Lackland v. North Missouri Railroad
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in giving and refusing instructions. There was no injury to or interference with the soil owned by the plaintiff. Plaintiff is not entitled to recover for loss or injury consequent upon a proper use by another of the adjoining soil.
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Appeal from St. Charles Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in giving and refusing instructions. There was no injury to or interference with the soil owned by the plaintiff. Plaintiff is not entitled to recover for loss or injury consequent upon a proper use by another of the adjoining soil. Even if plaintiff had an ownership to the middle of the street, yet the street being still in the hands of the public as a common easement, the mere hindrance of the public in the enjoyment of such easement could be no injury to plaintiff’s…
1Opinion of the CourtNapton, Judge
This case does not involve the question whether a railroad, in a street of an incorporated town or city, is of itself such an obstruction to it or such a perversion of it from its original purposes as to furnish a ground of action to the proprietor of adjoining lots. That question has been the subject of discussion and decision in several of the courts of the United States, but the decisions have not been altogether uniform, and the law upon the subject can not be regarded as fully settled. Angelí, in his work on Highways, after a reference to most of the cases, expresses the opinion that, at…
2Cases cited1 opinion
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
3Cited by48 opinions
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
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