Legal Opinion

Brinck v. Collier

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 28 opinions

Jlppeal from St. Louis Circuit Court. I. The question of the dedication of private property to public use depends on the circumstances of each particular case. (Smith vs. State, 3 Zabr., 723; Gamble vs. St Louis, 12 Mo., 617.) II. To constitute such dedication, there must be first a pllin, unequivocal intention to appropriate it to public use; (Becker vs. St. Charles, 37 Mo., 18 ; Pennington vs. Willard, 1 Rh.

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Jlppeal from St. Louis Circuit Court. I. The question of the dedication of private property to public use depends on the circumstances of each particular case. (Smith vs. State, 3 Zabr., 723; Gamble vs. St Louis, 12 Mo., 617.) II. To constitute such dedication, there must be first a pllin, unequivocal intention to appropriate it to public use; (Becker vs. St. Charles, 37 Mo., 18 ; Pennington vs. Willard, 1 Rh. Id., 93 ; Missouri Inst., etc. vs. How, 27 Mo., 211; Smith vs. State, supra; Badean vs. Mead, 14 Barb., 328; Gould vs. Glass, 19 Barb., 194; Dill. Mun. Corp., 602; 3 Ed.) second, an…

1Opinion of the CourtNapton, Judge

This was an action to recover damages from the defendant for building on an alley, claimed by the plaintiff to have been dedicated to the public use by defendant’s father. There was a verdict for defendant and judgment accordingly. It appears in evidence, that George Collier, the father of the defendant, owned the entire block lying between Fourth and Fifth streets, and St. Charles and Locust in the City of St. Louis, and previous to 1842, had sold out all the block, except 100 feet on Fifth street by 127 on St. Charles street. Immediately south of his lot, at the corner of Fifth and St.…

2Cases cited6 opinions

  1. Irwin v. DixionSupreme Court of the United States · 1850
  2. City of Hannibal v. DraperSupreme Court of Missouri · 1852
  3. Missouri Institute for the Education of the Blind v. HowSupreme Court of Missouri · 1858
  4. Stacey v. MillerSupreme Court of Missouri · 1851
  5. Clark v. AdamsSupreme Court of Vermont · 1846

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3Cited by28 opinions

  1. Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
  2. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  3. Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
  4. Downend v. Kansas CitySupreme Court of Missouri · 1900
  5. Landis v. HamiltonSupreme Court of Missouri · 1883

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

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