School District v. Lindsay
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) We insist that the facts shown gave the school district an easement in and the right to use said well, which could not be taken away nor destroyed at the will of Lindsay. ■ House v. Montgomery, 19 Mo. App. 171; Gibson v'. Mech. Ass'n, 33 Mo. App. 165; Balter». Railroad, 57 Mo. 265; Railroad v. Mitchell, 69 G-a. 114; Railroad v. McLanahan, 59 Pa.
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Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) We insist that the facts shown gave the school district an easement in and the right to use said well, which could not be taken away nor destroyed at the will of Lindsay. ■ House v. Montgomery, 19 Mo. App. 171; Gibson v'. Mech. Ass'n, 33 Mo. App. 165; Balter». Railroad, 57 Mo. 265; Railroad v. Mitchell, 69 G-a. 114; Railroad v. McLanahan, 59 Pa. St. 23 ; Wilson v. Ghalfant, 15 Ohio, 248 ; Stephens v. Benson, 19 Ind. 367; Iron Go. v. Wright, 5 Stewart (N. J. Equity) 248; 3 Kent, Com. [6 Ed.] p. 452, top p. 582 ; Rericlc v.…
1Opinion of the CourtEllison, J.
This is an injunction proceeding to restrain defendant from destroying a well on his own lands. A temporary order was dissolved and the school district appealed. It appears that several years ago the defendant gave the school district a license to dig a well near the school grounds, but upon lands of defendant, and to get water therefrom for the use of the school; that in pursuance of this license the district expended money in digging, walling, curbing and putting in a pump; that it used the well for several years ; that *136recently defendant asked the district officials to sign an agreement…
2Cases cited2 opinions
- House v. MontgomeryMissouri Court of Appeals · 1885
- Gibson v. St. Louis Agricultural & Mechanical Ass'nMissouri Court of Appeals · 1888
3Cited by6 opinions
- Sanford v. KernSupreme Court of Missouri · 1909
- Gyra v. WindlerSupreme Court of Colorado · 1907
- Allee v. KirkMissouri Court of Appeals · 1980
- Gustin v. HartingWyoming Supreme Court · 1912
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
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