P. M. Bruner Granitoid Co. v. Glencoe Lime & Cement Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Even if the extension of the switch was not contemplated when laid, the defendant has used it for more than nineteen years and has thus acquired a prescriptive right to so use it. Anthony v. Kennard Bldg. Co., 188 Mo. 704; Boyce v. Railroad, 168 Mo. 583; Gerstner v. Payne, 160 Mo. App. 289; Graham v. Olson, 116 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) Even if the extension of the switch was not contemplated when laid, the defendant has used it for more than nineteen years and has thus acquired a prescriptive right to so use it. Anthony v. Kennard Bldg. Co., 188 Mo. 704; Boyce v. Railroad, 168 Mo. 583; Gerstner v. Payne, 160 Mo. App. 289; Graham v. Olson, 116 Mo. App. 272. (2) Plaintiff offered no evidence even tending to show that defendant was interfering with the use of the switch by defendant, lienee the bill should have been dismissed, as was at first done…
1Opinion of the CourtNortoni, J.
This is an appeal from an order of the court awarding plaintiff a new trial. Plain*298tiff’s suit is for injunctive relief. A restraining order is sought against defendant, to the end of preventing it from using a common switch, in part upon plaintiff’s property and in part upon defendant’s property, for purposes which were not' originally contemplated and which operates to impair the rights of plaintiff. After hearing the evidence, the court found the issue for defendant and dismissed the bill. However, it subsequently granted plaintiff a new trial for the reason that it erred in its conclusion…
2Cases cited4 opinions
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- Wood v. ReedNew York Supreme Court · 1893
- State ex rel. Fleming v. HendersonMissouri Court of Appeals · 1900
3Cited by4 opinions
- Howard v. WrightNevada Supreme Court · 1914
- Monarch Real Estate Co. v. FryeIndiana Court of Appeals · 1922
- State Ex Rel. Bank of Skidmore v. RobertsMissouri Court of Appeals · 1938
- Franklin Bank v. International Hospital Equipment Co.Missouri Court of Appeals · 1925