Fitzpatrick v. Mik
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. To constitute a right to such drain, it must be absolutely necessary, and not merely the most convenient or reasonable way; it must be the only way to drain the vault. Laumier ®. Francis, 23 Mo. 184; Cooper v. Maupin, 6 Mo. 624. The sewer passed with the grant.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. To constitute a right to such drain, it must be absolutely necessary, and not merely the most convenient or reasonable way; it must be the only way to drain the vault. Laumier ®. Francis, 23 Mo. 184; Cooper v. Maupin, 6 Mo. 624. The sewer passed with the grant. The plaintiff could have maintained his action for damages ; or could have gone upon the defendant’s premises and removed the obstructions, or taken the course he did, and in either case he would be sustained by the deed. Shaw v. Etheridge, 3 Jones Law (N. C.) 300; Lampman…
1Opinion of the CourtThompson, J.
The defendant conveyed to the plaintiffs, by warranty deed, a lot of ground in the city of St. Louis. The habendum clause of the deed ran in the usual words — “to have and to hold the same, together with all rights, immunities, privileges, and appurtenances, to the same belonging,” etc. Upon.the land conveyed was a privy vault which was drained by a sewer running through an adjoining lot which the defendant owned. Subsequently to the conveyance the defendant stopped up this sewer, whereby the plaintiffs’ privy vault was deprived of drainage, and became subject to overflow in wet weather,…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Cooper v. MaupinSupreme Court of Missouri · 1840
3Cited by5 opinions
- Schnider v. M. E. H. Realty Investment Co.Missouri Court of Appeals · 1946
- Di Pasco v. ProsserSupreme Court of Missouri · 1954
- Lawrence v. HennessySupreme Court of Missouri · 1901
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
- Rabich v. StoneMissouri Court of Appeals · 1909