Rychlicki v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. A. M. Thayer, Judge. (1) The right of the city to discriminate between two owners, by casting the injury of its embankment from the northwest corner of the land of plaintiff, is denied. Possibly and probably the injury which but for the conduits or drains under Page (or Cook) avenue to the northwestern lot is, in the eye of law, damnum absque injuria.
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Appeal from St. Louis City Circuit Court. — How. A. M. Thayer, Judge. (1) The right of the city to discriminate between two owners, by casting the injury of its embankment from the northwest corner of the land of plaintiff, is denied. Possibly and probably the injury which but for the conduits or drains under Page (or Cook) avenue to the northwestern lot is, in the eye of law, damnum absque injuria. But to cast these waters in a torrent upon plaintiff’s land, to convert it into a channel for the drain of an entire district, is a confiscation of plaintiff’s property to public uses,, a right of…
1Dissent
DISSENTING OPINION.
Rat, C. J.
— Not being able to concur in the opinion of my associates in this cause, I present the following statement of the case, together with my views of the law, and the reasons for my non-concurrence. The petition in this case, after alleging that plaintiff is the owner, and in possession of a tract or parcel of land, situated in the city of St. Louis, containing fifteen arpents, more or less, and bounded west by the land of Bernard Pratt, south by land of owners unknown, east by the King’s Highway and north by Page avenue, proceeds as follows:
“Plaintiff further states…
2Cases cited22 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
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