City of Westport v. Mulholland
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) When one devotes bis property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but so long hs hé maintains the use, he must submit to the control.
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Transferred from Kansas City Court of Appeals. (1) When one devotes bis property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but so long hs hé maintains the use, he must submit to the control. Railroad v. Iowa, 94 U. S. 155; Peek v. Railroad, 94 H. S. 164; Railroad Commission Cases, 116 H. S. 307; Munn v. Illinois, 94 H. S. 113; State to use v. Railroad, 83 Mo. 149.…
1Opinion of the Court
In Division One.
YALLIANT, J.
Defendant was convicted and fined in the police court of the city of Westport upon a charge of violation of a city ordinance of which the first section is: “No person or persons shall tear up, dig up or ditch or otherwise interfere with any of the streets or alleys within the limits of the city of Westport without the permission first obtained from the board of aldermen of said city.”
The second section prescribed the penalty for the violation.
Hpon appeal to the criminal court of Jackson county, the cause was tried on an agreed statement of facts, upon which there…
2Cases cited3 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- State ex rel. Laclede Gaslight Co. v. MurphySupreme Court of Missouri · 1895
3Cited by5 opinions
- Mahaffy v. City of Woodson TerraceMissouri Court of Appeals · 1980
- Union Traction Co. v. City of MuncieIndiana Court of Appeals · 1921
- City of Carthage v. GarnerSupreme Court of Missouri · 1908
- Birmingham Belt R. Co. v. City of BirminghamSupreme Court of Alabama · 1923
- Toledo, Fostoria & Findlay Ry. Co. v. Toledo & Ohio Central Ry. Co.Ohio Supreme Court · 1926