Midwest Investment Co. v. City of Chariton

Plaintiff brought this equity suit to enjoin defendant-city from removing as a nuisance a private water hydrant installed by plaintiff in the street abutting its property. By cross-petition the city asked that the hydrant be removed. In an amendment to its petition plaintiff alleged defendant had made no attempt to eliminate, but had permitted, other encroachments and obstructions in its streets and alleys and its action in seeking the removal of plaintiff’s hydrant is arbitrary and discriminatory, in violation of section 1 of the Fourteenth Amendment to the Federal Constitution and section 6…