Tanner v. Wallbrunn
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Injunction will not lie. Wilton v. Martin, 7 Mo. 310; Hayden v. Tucker, 37 Mo. 214; McDonough v. Robbens, 60 Mo. App. 159; 1 High on Injunctions, sec. 743; 2 Wood on Nuisance, sec. 797; Kerr on Injunctions [2 Ed.], and cases cited, pp. 165 and 187; Grandena v. Lovdal, 12 Am. St. Rep. 121; Robinson v. Clapp, 52 Am.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Injunction will not lie. Wilton v. Martin, 7 Mo. 310; Hayden v. Tucker, 37 Mo. 214; McDonough v. Robbens, 60 Mo. App. 159; 1 High on Injunctions, sec. 743; 2 Wood on Nuisance, sec. 797; Kerr on Injunctions [2 Ed.], and cases cited, pp. 165 and 187; Grandena v. Lovdal, 12 Am. St. Rep. 121; Robinson v. Clapp, 52 Am. St. Rep. 298; Musch v. Burkhart, 48 N. W. Rep. 1024; Robinson v. Clapp, 32 N. E. Rep. 939; Railroad v. Loop, 39 Am. Rep. 307. (2) Petition states no cause of action. McDonough v. Robbens, 60 Mo. App. 159;…
1Opinion of the CourtGill, J.
Plaintiff and defendant own adjoining lots in Chillicothe. The lots front west — that of the plaintiff being south of the defendant’s. On defendant’s lot there is a dwelling house, on the south side of which and near by his diningroom which it shaded defendant had planted and grown a rbaple tree. Several years after the tree was planted plaintiff erected a brick store building on his lot so near that its north wall stood within three inches of the division line, and about three and a half feet from the trunk of defendant’s maple tree.
Plaintiff brought this suit, in the nature of a mandatory…
2Cited by9 opinions
- Michalson v. NuttingMassachusetts Supreme Judicial Court · 1931
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Gostina v. RylandWashington Supreme Court · 1921
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Smith v. HoltSupreme Court of Virginia · 1939
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