Heidorn v. City of Kirkwood
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — lion. G. A. Wurdeman, Judge. (1) A city is liable under the Constitution 1875, art. 2, sec. 21, to abutting property owners for a material change of grade for the first time from the natural surface. Sec. 9553, R. S. 1909; Davis v. Railroad, 119 Mo. 180; Smith v. St. Joe, 122 Mo. 643; Hickman v. Kansas City, 120 Mo. 110; Markowitz v. Kansas City, 125‘ Mo. 485; Cole v. St. Louis, 132 Mo. 640; Jarboe v. City of Carrollton, 73 Mo.
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Appeal from St. Louis County Circuit Court. — lion. G. A. Wurdeman, Judge. (1) A city is liable under the Constitution 1875, art. 2, sec. 21, to abutting property owners for a material change of grade for the first time from the natural surface. Sec. 9553, R. S. 1909; Davis v. Railroad, 119 Mo. 180; Smith v. St. Joe, 122 Mo. 643; Hickman v. Kansas City, 120 Mo. 110; Markowitz v. Kansas City, 125‘ Mo. 485; Cole v. St. Louis, 132 Mo. 640; Jarboe v. City of Carrollton, 73 Mo. App. 347. (2) The fact that a valid ordinance makes a city liable for a street grading, will not exculpate the city…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— Though, perhaps, the petition contains statements of legal conclusions to the contrary, the argument here seems to concede that it is not to be construed as charg*160ing that any of the defendants actually — that is physically — changed the grade, hut that, whatever was done in that respect, was done by plaintiff, she being compelled thereto, according to her theory, by the ordinances, notification and advertisement mentioned in the petition. We will proceed according to that construction, and in doing so we are unable to avoid the conclusion that the demurrers, were…
2Cases cited4 opinions
- Rives v. City of ColumbiaMissouri Court of Appeals · 1899
- State ex rel. Connor v. City of St. LouisSupreme Court of Missouri · 1900
- Kroffe v. City of SpringfieldMissouri Court of Appeals · 1901
- Graden v. City of ParkvilleMissouri Court of Appeals · 1905
3Cited by1 opinion
- Leone v. BearSupreme Court of Missouri · 1951