Bothe v. Chicago, B. & Q. R. Co.

Citation154 S.W. 98,248 Mo. 36
CourtUnited States State Supreme Court of Missouri
Decision Date28 February 1913
PartiesBOTHE et al. v. CHICAGO, B. & Q. R. CO.

Appeal from Circuit Court, Lincoln County; J. D. Barnett, Judge.

Action by William Bothe and another against the Chicago, Burlington & Quincy Railroad Company. Judgment for defendant, and, from an order granting a new trial, defendant appeals. Case transferred to the St. Louis Court of Appeals.

Plaintiffs state that they own a store building in the town of Old Monroe; that in 1905 defendant built and erected across the street from plaintiffs' storehouse, and about 60 feet distant, a large coal bin or chute, which, by its operation and the uses made of it by defendant and on account of its close proximity to plaintiffs' property, has become and is a noisome and continuing nuisance, injurious to the use of plaintiffs' property, which was erected by plaintiffs at great expense to be used as a store building and long prior to the building of said bin or chute by defendant. The petition then alleges the particulars of the nuisance complained of, and prays judgment for $800 as the damage thereby caused to plaintiffs' property. Defendant answered, denying all the allegations of plaintiffs' petition, except its corporate existence, and that it owned and operated a railroad in the county of Lincoln, state of Missouri, which passed through the town of Old Monroe; and for further defense alleged that it was engaged in the use of its property for the purposes of interstate commerce, which required the use of the...

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15 cases
  • Simplex Paper Corp. v. Standard Corrugated Box Co., 23591.
    • United States
    • Court of Appeal of Missouri (US)
    • November 10, 1936
    ......This proposition is so well established that citation of authorities to support it are unnecessary." See, also: Both v. Chicago, 248 Mo. 36. And the rule in Missouri is that a judgment in an action where the court has no jurisdiction is void ab initio and may be attacked by ...This proposition is so well established that citation of authorities to support it are unnecessary. [Bothe v. Chicago B. & Q.R. Co., 248 Mo. 36, 154 S.W. 98.] .         The plaintiff cites the case of First National Bank v. Stewart Fruit Co., 17 ......
  • Simplex Paper Corp. v. Standard Corrugated Box Co.
    • United States
    • Court of Appeal of Missouri (US)
    • November 10, 1936
    ......This proposition is so. well established that citation of authorities to support it. are unnecessary." See, also: Both v. Chicago, . 248 Mo. 36. And the rule in Missouri is that a judgment in an. action where the court has no jurisdiction is void ab initio. and may be ...This proposition [231 Mo.App. 775] is so well established that citation of authorities to. support it are unnecessary. [ Bothe v. Chicago B. & Q. R. Co., 248 Mo. 36, 154 S.W. 98.]. . .          The. plaintiff cites the case of First National Bank v. Stewart ......
  • State ex rel. State Highway Commission v. McDowell
    • United States
    • Court of Appeal of Missouri (US)
    • May 20, 1941
    ...... Burrows, 280 Mo. 327, 217 S.W. 512; Supreme Lodge v. Paramount Progressive Order of Moose, 322 Mo. 866, 17. S.W.2d 327; Bothe v. C. B. & Q. R. R. Co., 248 Mo. 36, 154 S.W. 98; Robinson v. Nick, 345 Mo. 305, 134. S.W.2d 112. (2) (a) Proceedings for condemnation of. ......
  • State ex rel. State Highway Comm. v. McDowell, 6284.
    • United States
    • Court of Appeal of Missouri (US)
    • May 20, 1941
    ......954; McManus v. Burrows, 280 Mo. 327, 217 S.W. 512; Supreme Lodge v. Paramount Progressive Order of Moose, 322 Mo. 866, 17 S.W. (2d) 327; Bothe v. C.B. & Q.R.R. Co., 248 Mo. 36, 154 S.W. 98; Robinson v. Nick, 345 Mo. 305, 134 S.W. (2d) 112. (2) (a) Proceedings for condemnation of right-of-way ......
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