Nagel v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. William Zachritz, Judge. (1) A city can not create a nuisance in its streets, or devote them, or any part thereof, to a purpose inconsistent with the rights of the public or abutting property-owners. Lockwood v. Railroad, 122 Mo. 91; Sherlock v. Railroad, 142 Mo. 182; Lumber Co. v. Railroad, 129 Mo. 455. (2) Municipal ordinances may be impeached for fraud and corruption. 1 Dill. Mun.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. William Zachritz, Judge. (1) A city can not create a nuisance in its streets, or devote them, or any part thereof, to a purpose inconsistent with the rights of the public or abutting property-owners. Lockwood v. Railroad, 122 Mo. 91; Sherlock v. Railroad, 142 Mo. 182; Lumber Co. v. Railroad, 129 Mo. 455. (2) Municipal ordinances may be impeached for fraud and corruption. 1 Dill. Mun. Corp. (4 Ed.), sec. 311; Glasgow v-. St. Louis, 1QI Mo. 203. (3) The Legislature of a State is authorized to create, a new right for damages not prohibited by the…
1Opinion of the CourtValliant, J.
This is a suit in equity aiming to enjoin the defendants from constructing a street raihyay in Hamilton avenue in St. Louis. The circuit court sustained a demurrer to the petition, and the plaintiffs declining to plead further, the court rendered judgment for defendant, from which one of the plaintiffs appeal.
The petition states substantially that the plaintiffs severally own lots in the city fronting Hamilton avenue, which is one of the public streets of the city, and that defendants, who are three street railway corporations and their officers, are aboxit to construct a double-track railway…
2Cases cited8 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- Sherlock v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1897
- First National Bank v. RohrerSupreme Court of Missouri · 1897
- Ruckert v. Grand Avenue Railway Co.Supreme Court of Missouri · 1901
- Wood v. CarpenterSupreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- State ex rel. Abel v. GatesSupreme Court of Missouri · 1905
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- John K. Cummings Realty & Investment Co. v. Deere & Co.Supreme Court of Missouri · 1907
13 more not listed; retrieve them via the Exa API.