Legal Opinion

Piculjan v. Union Electric Light & Power Co.

Missouri Court of Appeals

Decided November 8, 1921PublishedCited by 4 opinions

.Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) Trees in the street belong to the abutting owner where he is the owner of the fee. Walker v. City of Sedalia, 74 Mo. App. 70; McAntire v. Joplin Telephone Co., 75 Mo. App. 439; Webb v. Strobach, 143 Mo. App. 473; Cartwright v.' Bell Telephone Co., 205 Mo. 126; Ashurst v. Lohoefner, 170 Mo.

Read the full summary

.Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) Trees in the street belong to the abutting owner where he is the owner of the fee. Walker v. City of Sedalia, 74 Mo. App. 70; McAntire v. Joplin Telephone Co., 75 Mo. App. 439; Webb v. Strobach, 143 Mo. App. 473; Cartwright v.' Bell Telephone Co., 205 Mo. 126; Ashurst v. Lohoefner, 170 Mo. App. 331; 37 Cyc. 203; 28 Cyc. 848, 446. (2) The abutting owner may remove the trees at his pleasure and is liable for injuries resulting from hi's allowing such trees to become dangerous. 28 Cyc. 848, 1446; Weller v.…

1Opinion of the CourtDaues, J.

— This is an action for dámages for personal injuries alleged to have been received by plaintiff while in the hallway of her residence, located in St. Louis County, Missouri, the injury being caused, by a limb falling from a tree to which certain guy wires of the defendant company were attached.

The petition alleges that the defendant corporation is engaged in furnishing electric light and power, and that it maintained upon Hummelsheim avenue, a public highway in St. Louis County, poles and wires to distribute electric current; that it had placed a wooden beam in the forks of a tree located in…

2Cases cited5 opinions

  1. Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
  2. Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
  3. Webb v. StrobachMissouri Court of Appeals · 1910
  4. Walker v. City of SedaliaMissouri Court of Appeals · 1898
  5. Ashurst v. LohoefnerMissouri Court of Appeals · 1913

3Cited by4 opinions

  1. Wisdom v. KeithleyMissouri Court of Appeals · 1943
  2. State Ex Rel. United Brick & Tile Co. v. WrightSupreme Court of Missouri · 1936
  3. Dickerson v. StraussCourt of Appeals of Texas · 1923
  4. Locke v. Pacific Telephone & Telegraph Co.Washington Supreme Court · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API