Southwest Missouri Railroad v. Morning Hour Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho.n. Hugh Dabbs, Judge. Where there was no evidence introduced which tends to prove that the defendant intended to continue their mining operations in such a way as to endanger the plaintiff’s railway track the plaintiff cannot recover. Railroad v. JBrandau, 81 Mo. App. 8. The court cannot grant an injunction to allay the fear and apprehensions of individuals.
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Appeal from Jasper Circuit Court. — Ho.n. Hugh Dabbs, Judge. Where there was no evidence introduced which tends to prove that the defendant intended to continue their mining operations in such a way as to endanger the plaintiff’s railway track the plaintiff cannot recover. Railroad v. JBrandau, 81 Mo. App. 8. The court cannot grant an injunction to allay the fear and apprehensions of individuals. They must show the court that the actions against which they ask protection are not only threatened, hut will in all probability be committed to their injury. Lester v. City of St. Louis, 169 Mo.…
1Opinion of the CourtEllison, J.
— This proceeding is a bill of injunction to restrain defendant from operating a lead and zinc mine in Jasper county in a certain manner. The trial court issued a temporary writ which was after-wards made perpetual and defendant has brought the case here.
It appears that defendant is the owner of a mining lease on certain lands and that it was engaged in taking out ore from beneath the surface at a depth of near one hundred and forty feet. That in prosecuting this work it liad cars and car tracks in use in the mine; that *132drifts and rooms were cut out and that pillars were left for the purpose…
2Cases cited9 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- McElroy v. MaxwellSupreme Court of Missouri · 1890
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Carlin v. WolffSupreme Court of Missouri · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
- River Corp. v. RedpathMissouri Court of Appeals · 1971
- Gatson v. Farber Fire Brick Co.Missouri Court of Appeals · 1926
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925