Legal Opinion

Gordon v. Peltzer

Missouri Court of Appeals

Decided February 19, 1894PublishedCited by 21 opinions

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

  1. Congreve v. . SmithNew York Court of Appeals · 1858
  2. Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
  3. Fisher v. ThirkellMichigan Supreme Court · 1870
  4. Ward v. FaginSupreme Court of Missouri · 1890
  5. Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
  2. Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
  3. Mancuso v. Kansas CityMissouri Court of Appeals · 1898
  4. Meade v. MontroseMissouri Court of Appeals · 1913
  5. Moorshead v. United Railways Co.Missouri Court of Appeals · 1906

16 more not listed; retrieve them via the Exa API.

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