Gordon v. Peltzer
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Samuel W. Moore, Judge. (1) Defendant not Paving pleaded or proven any such, license from Kansas City, be must be held the author and a continuer of a public nuisance in constructing and suffering to be continued the coal hole and vault in the sidewalk in question. Congreve v. Smith, 18 N. Y. 79; Wood on Nuisances, p. -277. The owner of property fronting on a. street has nó more' rights upon the highway than any stranger thereon.
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Appeal from the Jackson Circuit Court. — Hon. Samuel W. Moore, Judge. (1) Defendant not Paving pleaded or proven any such, license from Kansas City, be must be held the author and a continuer of a public nuisance in constructing and suffering to be continued the coal hole and vault in the sidewalk in question. Congreve v. Smith, 18 N. Y. 79; Wood on Nuisances, p. -277. The owner of property fronting on a. street has nó more' rights upon the highway than any stranger thereon. Wood on Nuisances, pp. 276-297 inclusive; Dillon on Mun. Corp. [4 Ed.], secs. 660, 1032, 1033; Elliott on Streets and…
1Opinion of the CourtGill, J.
— In February, 1893, defendant Peltzer owned a brick house on Thirteenth street, Kansas City, built flush to the property line, with a basement extending under the sidewalk where there was a vault for storing coal. There was a stone sidewalk in front of the building covering the excavation, and to let in the coal, a scuttle or hole was constructed, consisting of the usual appliances of an iron rim into which the solid metal covering was adjusted, resting on a flange made for the purpose. The house, with the coal hole, was, at the time, rented by one Jones, who had as tenant occupied it since…
2Cases cited7 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Ward v. FaginSupreme Court of Missouri · 1890
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
- Meade v. MontroseMissouri Court of Appeals · 1913
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
16 more not listed; retrieve them via the Exa API.