Stephenson v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W= Wood, Judge. (1) Defendant was authorized by law to lay its tracks in Grand avenue. Such use of the street is not a perversion from its original purpose.
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Appeal from the Cass Circuit Court. — Hon. W. W= Wood, Judge. (1) Defendant was authorized by law to lay its tracks in Grand avenue. Such use of the street is not a perversion from its original purpose. R. S. 1889, sec. 2543, subdiv. 4; Lockwood v. B’y, 26 S. W. Rep. 701; Manufacturing Co. v. B’y, 113 Mo. 308; Smith v. B.B., 98 Mo. 24; B’y v. B’y, 97 Mo. 468; Bude v. SL Louis, 93 Mo. 414; Gross v. B’y, 77 Mo. 321; Porter v. B. B., 33 Mo. 128; Lackland v. B. B., 31 Mo. 183. (2) Defendant having the right under the law'to use said street, and being authorized so to do by the proper authorities,…
1Opinion of the CourtSmith, P. J.
Pleadings. This is an action to recover damages for an alleged nuisance. The petition alleges that the plaintiff was “the owner in fee of lot 3? jn Dutl’O’S addition to the city of Harrisonville; that said lot is located and fronts on G-rand avenue, a public street in the city of Harrisonville, and the plaintiff owns the said lands to the middle of said street adjacent thereto. That said defendant, without the plaintiff’s knowledge or consent, has located and is now locating along said street and over said property a double track railway, and operating and running over the same its trains and…
2Cases cited19 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
- Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kansas City v. BrownSupreme Court of Missouri · 1920
- Gardner v. City of St. JosephMissouri Court of Appeals · 1902
- Stout v. FrickSupreme Court of Missouri · 1933
- Ellis v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1908
- Hulett v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.