Meyer v. City of Lincoln
Nebraska Supreme Court
Appeal from the district court for Lancaster county. Heard below before Chapman, J. No right to obstruct a street can be acquired by adverse possession. (Alvord v. Pope, 53 Cal., 437; Hoadley v. San Francisco," 50 Id., 265; Quincy s. Jones, 76 111., 231; Sims v. Chattanooga, 2 Lea [Tenn.], 694; San Francisco v. Sullivan, Id., 603; Jersey City v. Howeth, 30 N. J. L., 521; Sheen v. Stothart, 28 La.
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Appeal from the district court for Lancaster county. Heard below before Chapman, J. No right to obstruct a street can be acquired by adverse possession. (Alvord v. Pope, 53 Cal., 437; Hoadley v. San Francisco," 50 Id., 265; Quincy s. Jones, 76 111., 231; Sims v. Chattanooga, 2 Lea [Tenn.], 694; San Francisco v. Sullivan, Id., 603; Jersey City v. Howeth, 30 N. J. L., 521; Sheen v. Stothart, 28 La. Ann., 630; Cross v. Morristown, 18 N. J. Eq., 305.) Encroachments upon a public street are public nuisances. (Wetmore v. Tracy, 14 Wend. [N. Y.], 250; Robbins v. Chicago, 4 Wall. [U. S.], 657; Neoins…
1Opinion of the CourtNorval, J.
This action was brought by August Meyer to enjoin the defendants, the mayor, councilmen, and street commissioner of the city of Lincoln, from opening an alleged public road or street in said city, by cutting down and removing numerous fruit and shade trees owned by the plaintiff, which are claimed by the defendants to be within the lim*568its of said highway or street and to obstruct the travel thereon. It also appears that Adam Bax,'Emma A. Beach, and Margaret Roath each brought a similar action against the defendants herein, which, for convenience, by agreement of parties, were tried with this…
2Cases cited10 opinions
- Mayor of Galveston v. MenardTexas Supreme Court · 1859
- Horbach v. MillerNebraska Supreme Court · 1875
- City of Peoria v. JohnstonIllinois Supreme Court · 1870
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- City of Pella v. ScholteSupreme Court of Iowa · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Agnew v. City of Pawnee CityNebraska Supreme Court · 1907
- Lantry v. WolffNebraska Supreme Court · 1896
- Ryan v. City of LincolnNebraska Supreme Court · 1909
- City of Wahoo v. NethawayNebraska Supreme Court · 1905
- Nicolai v. DavisWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.