Scheurich v. Southwest Missouri Light Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. (1) There is no estoppel in this case. Plaintiff objected to the building of the dam as soon as it was started. He served a notice individually, objecting to the building of the dam, and also as road overseer to prevent blockading the public road.
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Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. (1) There is no estoppel in this case. Plaintiff objected to the building of the dam as soon as it was started. He served a notice individually, objecting to the building of the dam, and also as road overseer to prevent blockading the public road. Simpson v. Railroad, 145 Mo. 81, 46 S. W. 739. (2) A dam erected without complying with chapter 113 of the Revised Statutes of 1899, entitled “Mills and Milldams” is a public nuisance. Any one injured can recover double damages. It is an unlawful structure, and no lapse of time will…
1Opinion of the CourtGoode, J.
This is an action for damages for the construction and continuance of a nuisance, accompanied with averments of irreparable injury from its continuance, to prevent which and a multiplicity of suits, the nuisance should be enjoined, relief of that kind being asked, as Avell as damages. The case stated is founded on section 8750 of the Revised Statutes of 1889, which provides that a person who builds or heightens a dam or other obstruction across a watercourse in this State without proceeding according to the statutes regulating the construction of dams, shall forfeit double damages to any one…
2Cases cited11 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Finney v. BerrySupreme Court of Missouri · 1875
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
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3Cited by10 opinions
- Thompson v. HodgeMissouri Court of Appeals · 1961
- State Ex Inf. Attorney-General v. School Dist.Supreme Court of Missouri · 1926
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Linville v. WilsonMissouri Court of Appeals · 1982
5 more not listed; retrieve them via the Exa API.