Bussmeyer v. Jablonsky
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) Plaintiff’s petition does not set forth, facts showing that any necessity existed for an easement in the passageway over defendant’s property. In Missouri and many other States there must he, if not a “strict necessity” to support the easement, at least a “reasonable necessity.”
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Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) Plaintiff’s petition does not set forth, facts showing that any necessity existed for an easement in the passageway over defendant’s property. In Missouri and many other States there must he, if not a “strict necessity” to support the easement, at least a “reasonable necessity.” Barrett v. Bell, 82 Mo. 110; Mulrooney v. Obear, 171 Mo. 613; Vossen v. Dantel, 116 Mo. 379; Peters v. Worth, 164 Mo. 431; Tiedeman on Real Property (3 Ed.), sec. 432. (2) Three elements are essential to create an easement by severance: (a) A…
1Opinion of the Court
GRAVES, P. J.-
— At one time the Connecticut Mutual Life Insurance Company was the owner of all the property discussed and involved in this suit. April 23, 1903, plaintiff acquired from said insurance company property described in the deed thus:
“A lot of ground in block number 1744 of said city of St. Louis, having a front of one hundred forty (140) feet and five (5) inches on the south, side of Salisbury street by a depth of one hundred and twenty-five (125) feet to an alley fifteen (15) feet wide, and known as lots eight (8), nine (9), ten (10), eleven (11) and twelve (12) of Cope’s…
2Cases cited12 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Alley v. CarletonTexas Supreme Court · 1867
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Ogden v. . JenningsNew York Court of Appeals · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Greisinger v. KlinhardtSupreme Court of Missouri · 1928
- Mahnken v. GillespieSupreme Court of Missouri · 1931
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Marshall v. CallahanMissouri Court of Appeals · 1950
- Causey v. WilliamsMissouri Court of Appeals · 1965
14 more not listed; retrieve them via the Exa API.