Ætna Iron Works v. St. Louis Transit Co.

Decision Date07 July 1902
Citation69 S.W. 618,95 Mo. App. 565
PartiesÆTNA IRON WORKS v. ST. LOUIS TRANSIT CO.
CourtMissouri Court of Appeals

Appeal from St. Louis circuit court.

Suit by the Ætna Iron Works against the St. Louis Transit Company. From a decree in favor of defendant, plaintiff appeals. Affirmed.

Leverett Bell, for appellant. Boyle, Priest & Lehmann, for respondent.

BLAND, P. J.

We adopt the following statement of the case found in appellant's printed abstract: "This was an application to the court below for an injunction to restrain respondent from laying its railway tracks in Twenty-First street southwardly from the south line of Papin street to the alley next south of Papin street, until appellant's damages, assessed at $15,660.20, on November 6, 1899, in a certain case in the circuit court below, numbered 88,765, entitled the `City of St. Louis v. Nelson et al.,' are paid to it, or into court for its use. The respondent duly answered, and the case was tried on its merits on facts substantially as follows: The parties to the controversy are corporations created by the law of this state. The plaintiff (appellant here) is a manufacturer of castings and wrought-iron work for buildings, and its factory is located on the southeast corner of Twenty-First street and Papin street, in this city. It is a large brick structure, extending to the lines of Papin street, Twenty-First, and the alley next south of Papin street, and parallel therewith, and contains the machine shops, foundry, pattern shop, engine and boiler room, tramways, steam hoisting machinery, etc.; and its dimensions are about 264 feet on Papin street from east to west, and 127 feet on Twenty-First street from north to south. It was erected in the year 1881, by the owner of the premises, the MacMurray-Judge Architectural Iron Company, a corporation then engaged in the business aforesaid. In 1893 the title, possession, and ownership of said premises passed from the MacMurray-Judge Company to the appellant, in which premises the appellant, since 1893, has carried on and prosecuted the said business as successor of the said MacMurray-Judge Company. Prior to 1893, and as far back as 1881, said business was carried on at said premises by the last-mentioned company. In the year 1871 the city passed an ordinance (7741) to improve certain streets, including Twenty-First street, Papin street, and the alley aforesaid, and the work was executed in that year, and sidewalks and gutters and curbing and roadways were built and laid, to which the building aforesaid, constructed in 1881, was adjusted. Subsequently, in 1889, the city adopted Ordinance 15,119, changing the grade of Twenty-First street, Papin street, and the alley aforesaid to such an extent that at the northwest corner of the building, on Twenty-First and Papin streets, the grade by this ordinance is raised six feet above the grade existing at and prior to the passage of said ordinance, and at the intersection of the alley and Twenty-First street three feet, and at the east end of the building on the alley two feet. Whenever the work of changing the grade as aforesaid is executed, appellant's premises will have to be raised and reconstructed to meet the same, and a large expenditure of money will be thrust on appellant, and its premises will be rendered worthless for business purposes during the period of reconstruction. The city, in 1891, constructed a permanent bridge along on Twenty-First street across the steam railway tracks in the Mill Creek valley to carry the street traffic above the cars; the southern end of which bridge is at the north line of Papin street at the grade Twenty-First and Papin streets as fixed by Ordinance 15,119, and the southern approach to the bridge, not yet constructed, will conform to the grade of Twenty-First street adjacent to appellant's premises, as established by said Ordinance 15,119. On March 11, 1892, the MacMurray-Judge Company instituted an action, numbered 87,933, in the circuit court below against the city of St. Louis, in which, on May 24, 1892, a temporary restraining order was entered enjoining the city from interfering with or changing the grade of Twenty-First street and Papin street adjoining the premises above described, as directed by Ordinance 15,119, until the damages accruing to the MacMurray-Judge Company, the owner of the property, by reason of such change of grade, are established, and paid to said company, or into court for its use; and afterwards said cause came on for trial, and was heard by said court, and on May 15, 1895, said injunction was made final and perpetual, and on appeal to the supreme court of Missouri the same was, on April 3, 1897, in all things affirmed, and is now in full force and effect; and all the rights and interest of the MacMurray-Judge Company in said cause and judgment were, in 1893, duly...

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7 cases
  • Magee v. Pope
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Febrero 1938
    ...... MRS. IVA POPE AND THE ST. LOUIS UNION TRUST CO., (DEFENDANTS), APPELLANTS Court of Appeals ... Danforth v. Foster, 158 Mo.App. 104; Aetna Iron. Wks. v. Transit Co., 95 Mo.App. 565; Lester R. E. Co. ......
  • Magee v. Pope et al.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Febrero 1938
    ...St. Louis. — Hon. John W. Joynt, Judge. AFFIRMED. S.C. Rogers for appellants. (1) Danforth v. Foster, 158 Mo. App. 104; Aetna Iron Wks. v. Transit Co., 95 Mo. App. 565; Lester R.E. Co. v. City of St. Louis, 169 Mo. 235; Putnam v. Coates, 220 Mo. App. 218, 222; Brown v. Philips, 300 Mo. 603,......
  • Danforth v. Foster
    • United States
    • Court of Appeal of Missouri (US)
    • 20 Julio 1911
    ...... injunction. Lester Co. v. St. Louis, 169 Mo. 227;. Schubach v. McDonald, 179 Mo. 182; . Men's League v. Waddill. 143 Mo. 495; Aetna Iron". Works v. Transit Co., 95 Mo.App. 565. . .       \xC2"......
  • Buxton v. Debrecht
    • United States
    • Court of Appeal of Missouri (US)
    • 22 Julio 1902
    ......           Appeal. from St. Louis" City Circuit Court.--Hon. John A. Talty,. Judge. . .  \xC2"......
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