State ex rel. Caruthers v. Little River Drainage District
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Row. Frank Kelly, Judge. (1) Injunction the Proper Remedy. Where the public easement is interfered with by obstructing the right-of-way, relief will lie by injunction. The injury proposed is one not measurable in monetary damage. The nuisance, being of such a nature as to be permanent, and tp permanently invade the right of the public to the easement, entitles the county to equitable relief by injunction.
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Appeal from Cape Girardeau Circuit Court. — Row. Frank Kelly, Judge. (1) Injunction the Proper Remedy. Where the public easement is interfered with by obstructing the right-of-way, relief will lie by injunction. The injury proposed is one not measurable in monetary damage. The nuisance, being of such a nature as to be permanent, and tp permanently invade the right of the public to the easement, entitles the county to equitable relief by injunction. Elliott, Roads & Streets, 495, 496, 501; 37 Cyc. 252; 29 Cyc. 1219; Lockwood v. Railway, 122 Mo. 86; Debach v. Railway, 89 Mo. 483; Lokenan v.…
1Opinion of the CourtWalker, J.
The prosecuting attorney of Cape Girardeau County instituted this action by injunction in the court of common pleas of that county against the Little River Drainage District and its supervisors and secretary. The purpose of this proceeding was to enjoin the drainage district and others acting for it or in its behalf from cutting channels or ditches for drainage purposes across the highways of said county until they have obtained consent so to do from the county court of said county and have obligated themselves to hold said county and the taxpayers thereof harmless from any expense incurred…
2Cases cited13 opinions
- State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Johnston v. RaganSupreme Court of Missouri · 1915
- State ex rel. Gass v. GordonSupreme Court of Missouri · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Monroe v. Chicago & Alton Railroad Co.Supreme Court of Missouri · 1920
- Cass Cnty. v. Dir. of RevenueSupreme Court of Missouri · 2018
- Wagner v. WagnerMissouri Court of Appeals · 1971
- Houck v. Little River Drainage DistrictSupreme Court of Missouri · 1938
- State Ex Rel. Ashby v. Medicine Creek Drainage DistrictSupreme Court of Missouri · 1920
16 more not listed; retrieve them via the Exa API.