Legal Opinion

State ex rel. Horskottle v. Board of Health

Missouri Court of Appeals

Decided June 10, 1884PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Thayer, J. That which has legslative sanction can not be a public nuisance. — Orittenden v. Wilson, 5 Cow. 165; Fletcher, v. Railway Go., 25 Wend. 462; The State v. Western, etc., Go., 2 Johns. 283 •, People v. Platt, 17 Johns. 195; Wood on Nuisances,, sect. 757, and cases cited. There can be no question of the power to license brick-kilns. They are not a nuisance perse. — Wood on Nuisances, sect. 519, and cases cited.

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Appeal from the St. Louis Circuit Court, Thayer, J. That which has legslative sanction can not be a public nuisance. — Orittenden v. Wilson, 5 Cow. 165; Fletcher, v. Railway Go., 25 Wend. 462; The State v. Western, etc., Go., 2 Johns. 283 •, People v. Platt, 17 Johns. 195; Wood on Nuisances,, sect. 757, and cases cited. There can be no question of the power to license brick-kilns. They are not a nuisance perse. — Wood on Nuisances, sect. 519, and cases cited. It would seem to be immaterial, however, if it were a nuisance perse.— The State v. Clark, 54 Mo. 17. The question is, can the…

1Opinion of the CourtBakewell, J.

The petition of relator contains the following allegations: Relator owns a lot, 2310 and 2312 Madison Street, in the city of St. Louis, on which he has continually operated since 1874 a brick-yard and brick-kiln; these have been constantly operated in the same manner as all brick-kilns then and since operated in said city are and have been operated. On September 4, 1883, the health commissioner of *10St. Louis reported this brick-kiln of relator to the board of health of that city as a nuisance detrimental to public health, and cited relator to appear before said board on September 13, to show…

2Cases cited4 opinions

  1. Campbell v. . SeamanNew York Court of Appeals · 1876
  2. Clark v. Mayor & Common CouncilNew York Supreme Court · 1852
  3. People v. President, Directors & Co.New York Supreme Court · 1872
  4. Leavitt v. SteenbergenNew York Supreme Court · 1848

3Cited by1 opinion

  1. State ex rel. Krittenbrink v. WithnellNebraska Supreme Court · 1912

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