St. Louis Safe Deposit & Savings Bank v. Kennett Estate
Missouri Court of Appeals
Appeal from St.‘Louis City Circuit Court. — How. D. D. Fisher, Judge. STATEMENT. The petition of the plaintiff states a cause for equitable relief from certain encroachments on a private alley which the plaintiff owns in common with defendant, the Kennett Estate, and for the abatement of nuisances maintained by the defendants.
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Appeal from St.‘Louis City Circuit Court. — How. D. D. Fisher, Judge. STATEMENT. The petition of the plaintiff states a cause for equitable relief from certain encroachments on a private alley which the plaintiff owns in common with defendant, the Kennett Estate, and for the abatement of nuisances maintained by the defendants. Plaintiff is a corporation which owns and occupies a two-story building standing on a lot twenty-two feet . wide and one hundred and seven and one-half feet deep, on the north side of Locust street in the city of St Louis. This building covers the entire lot, has been…
1Opinion of the CourtGoode, J.
This case presents two phases, and the rules of law applicable to its solution vary somewhat according to the one regarded. We have to deal *387with a breach of the agreement made between the grantors of the parties that the private alleyway should he maintained for the benefit of the abutting properties, and with the nuisance created by the construction and use of the smokestack.
And first we must determine the scope of the agreement. The defendants contend the position and use of the smokestack constitute no violation of it, because the commodious use of the surface of the alley by pedestrians…
2Cases cited58 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Lux v. HagginCalifornia Supreme Court · 1886
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Paddock v. SomesSupreme Court of Missouri · 1890
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
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3Cited by30 opinions
- Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
- State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
- Sanders v. DixonMissouri Court of Appeals · 1905
- Wippler v. HohnSupreme Court of Missouri · 1937
- Spahr v. CapeMissouri Court of Appeals · 1909
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