Dubach v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. The bill does not seek to restrain an improper use of the side track after the same shall be moved northward, but its theory is, that because an improper use of the side track has heretofore been made, that, therefore, the removal of the side track northward would constitute a nuisance. If the side track is authorized .by law, it is a legal structure and not a ifuisance.
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Appeal from Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. The bill does not seek to restrain an improper use of the side track after the same shall be moved northward, but its theory is, that because an improper use of the side track has heretofore been made, that, therefore, the removal of the side track northward would constitute a nuisance. If the side track is authorized .by law, it is a legal structure and not a ifuisance. If it is used improperly, the structure does not thereby become unlawful ; its improper use is the only thing’ illegal and all that could be abated or…
1Opinion of the CourtHenry, C. J.
By amendment to the charter of the Hannibal & St. Joe Railroad Company, approved March 3, 1855, the company was authorized to build its road over streets, alleys, and wharves in any town or village, corporate or not; but required the company so to construct the road, “as not to hinder or prevent the public from using the same.” Collier street in the city of Hannibal was dedicated as a street and the railroad *487company laid down its track on that street. Prior to the laying of the track in the street there were buildings on either side of the street, but it was graded by the defendant company…
2Cases cited1 opinion
- Porter v. North Missouri RailroadSupreme Court of Missouri · 1862
3Cited by18 opinions
- Lockwood v. Wabash RailroadSupreme Court of Missouri · 1894
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Knapp, Stout & Co. v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1894
- Windle v. City of ValparaisoIndiana Court of Appeals · 1916
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
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