Beaudean v. City of Cape Girardeau
Supreme Court of Missouri
.Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. 1. The petition states no cause of action. , Dillon on Munic. Corp., §§ 764, 790; Hill v. Boston, 122 Mass. 344; Weet v. Brockport, 16 N. Y. 161; Detroit v. Blackeby, 21 Mich. 84; Smith v. St. Joseph, 45 Mo. 452; Brown v. Glasgow, 57 Mo. 158 ; Hyatt v. Rondout, 44 Barb. 385; 9 Am. Law Reg.
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.Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. 1. The petition states no cause of action. , Dillon on Munic. Corp., §§ 764, 790; Hill v. Boston, 122 Mass. 344; Weet v. Brockport, 16 N. Y. 161; Detroit v. Blackeby, 21 Mich. 84; Smith v. St. Joseph, 45 Mo. 452; Brown v. Glasgow, 57 Mo. 158 ; Hyatt v. Rondout, 44 Barb. 385; 9 Am. Law Reg. (N. S.) 680. 2. The obstruction of the road was a public, not a private nuisance, and the only remedy was by indictment. Houck v. Wachter, 34 Md. 265; s. c., 11 Am. Law Reg. (N. S.) 61; Venará v. Cross, 8 Kas. 248; s. c., 11 Am. Law…
1Opinion of the CourtNorton, J.
This is an action in which plaintiff seeks to make defendant liable for special injuries sustained by him, occasioned by an obstruction of a certain highway within the corporate limits of defendant. It appears that the highway, the obstruction of which is complained of ran in front of plaintiff’s house and premises, and led into the business part of the city of Cape Girardeau, passing through and over a tract of land or lot of about forty acres included in the corporate limits; that the obstruction which - plaintiff claims worked a special injury to him, not common to the public at large,…
2Cases cited8 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Blake v. City of St. LouisSupreme Court of Missouri · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- State ex rel. Dawson v. SessionsSupreme Court of Kansas · 1911
- Croissant v. DeSoto Improvement Co.Supreme Court of Florida · 1924
- Golden v. City of ClintonMissouri Court of Appeals · 1893
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
8 more not listed; retrieve them via the Exa API.