Chaplin v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Injunction lies. ‘ ‘ An abutting property owner bas tbe same right to the use of the street that rests in other property owners and the public at large. Besides this, he has the right of access to and from his lot, which right is special to him. It is an easement appurtenant to his real estate abutting on the street.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Injunction lies. ‘ ‘ An abutting property owner bas tbe same right to the use of the street that rests in other property owners and the public at large. Besides this, he has the right of access to and from his lot, which right is special to him. It is an easement appurtenant to his real estate abutting on the street. It is private property as much as the lot itself and cannot be destroyed or impaired for public use, save by the payment of compensation therefor.” Knapp v. Transfer Co., 126 Mo. 35; Dubach v. Railroad, 89…
1Opinion of the Court
BROWN, C.
This suit is to enjoin the construction of an artificial stone sidewalk six feet wide in an alley, the north line of which forms the southeastern boundary of plaintiff’s lot for a distance of 76.45 feet northeasterly from the line of Hamilton street in that part of Kansas City which was formerly Westport. This sidewalk is a part of an improvement called a “parkway,” connected with the park and boulevard system of Kansas City. The plaintiff’s land fronts southwesterly 111 feet on Hamilton street, which extends in a southeasterly and northwesterly direction. Prom the northwest corner…
2Cited by8 opinions
- State Ex Rel. State Highway Commission v. JamesSupreme Court of Missouri · 1947
- School District of Kansas City v. Kansas CitySupreme Court of Missouri · 1964
- Central Hanover Bank & Trust Co. v. Pan American Airways, Inc.Supreme Court of Florida · 1939
- United States v. 11.06 ACRES OF LAND, ETC.District Court, E.D. Missouri · 1950
- Cobb v. Milwaukee CountyWisconsin Supreme Court · 1973
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