Baker v. Squire
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The structure in question, being situated on grounds dedicated to public use, is a common nuisance. Herman on Nuisances, secs. 248, 250, and 260; Butherford v. Taylor, 38 Mo. 315. The right of the public to use the commons must rest on the same principles as the right to use the streets.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The structure in question, being situated on grounds dedicated to public use, is a common nuisance. Herman on Nuisances, secs. 248, 250, and 260; Butherford v. Taylor, 38 Mo. 315. The right of the public to use the commons must rest on the same principles as the right to use the streets. Cincinnati v. White, 6 Pet. 431; Cummings v. St. Louis, 90 Mo. 259. The erection of a dwelling on a public square is a public nuisance. Com. v. Buck, 14 Penn. 186. (2) The county .may dedicate by acts in pais. Ketcham v. Indianapolis, 12…
1Opinion of the CourtBbage, P. J.
From a decree of the circuit court of Greene county dissolving a temporary injunction and dismissing the plaintiffs’ bill, and a judgment in pursuance thereof for damages on the injunction bond, the plaintiff appealed to the St. Louis Court of Appeals, ' where the decree of the circuit court was affirmed. After an unsuccessful effort by plaintiff for a rehearing in that court and for a transfer of the case to this court, upon their application. to this court the record of the case was brought here by certiorari.
The judgment of the circuit court was affirmed by the court of appeals in…
2Cases cited8 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Brinck v. CollierSupreme Court of Missouri · 1874
- Vossen v. DautelSupreme Court of Missouri · 1893
- State ex rel. St. Louis, Kansas City & Colorado Railroad v. RombauerSupreme Court of Missouri · 1894
- Baker v. VanderburgSupreme Court of Missouri · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Farmers Drainage Dist. v. Sinclair Refining Co.Supreme Court of Missouri · 1953
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Kirkland v. City of TampaSupreme Court of Florida · 1918
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- Lightcap v. Town of North JudsonIndiana Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.