Meagher v. Kessler
| Decision Date | 12 November 1920 |
| Docket Number | 21,920 |
| Citation | 179 N.W. 732,147 Minn. 182 |
| Parties | JOHN B. MEAGHER AND OTHERS v. JOHN W. KESSLER AND OTHERS |
| Court | Minnesota Supreme Court |
Action in the district court for Ramsey county to restrain defendants from conducting a funeral home at 649 Summit avenue or in any manner violating a specified ordinance of the city of St. Paul. The case was tried before Haupt, J who made findings and as conclusions of law found that the funeral home in question constituted a nuisance; that the ordinance was in full force and effect; that defendants and their agents and servants should be restrained from carrying dead bodies to the funeral home or receiving dead bodies therein, or from conducting funerals therefrom or therein, or from violating any of the provisions of the ordinance. From an order denying their motion for judgment notwithstanding the findings of fact and conclusions of law or for a new trial, and refusing to amend the findings and conclusions defendants appealed. Affirmed.
Nuisance -- maintaining undertaking business in residential district.
1. A city ordinance, prohibiting the maintenance of an undertaking establishment and so-called funeral home in a residential part of a city, held to be valid.
Nuisance -- violation of ordinance.
2. A funeral home located in a strictly residential district of a city, prohibited by ordinance, held to be a nuisance.
Nuisance -- remedy by injunction.
3. Where an undertaker purchases and uses, as a funeral home, a dwelling house situated in a strictly residential part of a city, and thereby infringes upon the repose and comfort of those residing in the neighborhood, depresses their spirits and depreciates the value of their property, injunction is the proper remedy.
C.D. & R.D. O'Brien, for appellants.
John P. Kyle, Denegre, McDermott & Stearns and Sanborn, Graves & Appel, for respondents.
Action to enjoin defendants from conducting a funeral home at 649 Summit avenue, in the city of St. Paul. The cause was tried to the court, findings made and a permanent injunction ordered. Defendants moved for judgment notwithstanding the findings and conclusions of law, or for a new trial, upon the grounds: (1) That the findings of fact and conclusions of law are not justified by the evidence and are contrary to law; (2) errors of law on the trial and excepted to by defendants; (3) that Ordinance No. 5180, of the city of St. Paul, is void. From an order denying said motion defendants appealed.
It appears from the findings that Summit avenue is the principal residence street in the city of St. Paul. The homes of respondents, and appellants' property, No. 649, here in question, all face upon Summit avenue between Dale and St. Albans streets. All the houses in this vicinity are used as dwellings. The avenue, including marginal grass plots and walks, is 152 feet wide. The block here involved contains 15 lots on the north and 13 on the south side of the avenue, which are devoid of structures except as occupied by the parties hereto for residential purposes and by one apartment house. The part of Summit avenue traversing the residential section of the city is distinguished for its beauty and attractiveness and was especially laid out and designed as a street for homes. It is paralleled one block to the south by Grand avenue which has a number of minor business establishments to supply the wants of the people living in the vicinity and a trolley line. Selby avenue parallels Summit some four or five blocks to the north, has a trolley line and is partially occupied by business places of a minor character. Excepting these two avenues, the territory north and south of Summit is devoted almost exclusively to residential purposes and for many years has been held in high favor for those purposes.
The appellants, John W. Kessler and Thomas S. Maguire, for many years have been engaged in the undertaking business at No 733 West Seventh street in the city of St. Paul. In August, 1919, they purchased the property at 649 Summit avenue here in question. The building thereon was erected long ago as a residence and was always so occupied. Shortly after acquiring the same, appellants encircled the building with a driveway, and about the same time began to advertise the place as a funeral home. They caused a sign to that effect to be conspicuously displayed from the window facing Summit avenue, and rearranged the interior to meet the needs of a funeral home. It is appellants' purpose to take the bodies brought to them for interment, first to their undertaking place at 735 West Seventh street for the purpose of embalming, dressing and placing in caskets, and then to the funeral home at 649 Summit, there to remain in open caskets for 24 to 36 hours, during which time the relatives and friends would be at liberty to visit the place at all hours and to remain for services. Autos gather about and on conclusion of the services the cortege forms in the usual way to conduct the remains to the place of interment. The first-floor windows facing on Summit are 40 feet back and eight and one-half feet above the sidewalk. During the night, while a body is...
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