Chicago & Alton Railroad v. Maddox
Cases that cite this one
6 later published cases cite this decision.
- Vandeventer Trust Co. v. Western Stoneware Co. (Mo. Ct. App. 1917)
- Taylor v. Todd (Mo. Ct. App. 1892)
- Monroe v. Crawford (Mo. 1901)
- Gordon v. Mansfield (Mo. Ct. App. 1900)
- Perkins v. St. Louis, Kansas City & Colorado Railroad (Mo. 1898)
- Joplin Consolidated Mining Co. v. City of Joplin (Mo. 1894)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff had no standing in a court of equity to enjoin the defendants from tearing down its fences in obedience to the order of the court lawfully issued. If, as is alleged in the reply, the commissioners appointed for the purpose of assessing damages, assessed none to plaintiff, and made no report on the subject of plaintiff’s damages, this furnishes no ground for the interposition of a court of equity, for the reason that the statute affords a remedy by granting an appeal; the rule being, as has so often been announced by this court, that, where the law affords a remedy ample and adequate, equity declines to interfere. Shelbina, Hotel Ass’ n, v. Parker, 58 Mo. 327; Kelly v. Hurt, 74 Mo. 561; Bobb v. Graham, 89 Mo. 200.
This results in affirming the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.