St. Joseph v. Geiwitz
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.S,ois. H .M. Ramey, Judge. (1) It was error to affirm part and reject part of tbe commissioners’ report. Railroad v. King, 58 Mo. 491. Tbe award allows $173.30 as value of tbe defendant’s property taken, damages at $100 and charged him with benefits at $183.30. Tbe evidence shows tbe value of tbe property taken at over $2,000, while tbe damages were about as much as tbe benefit. (2) Defendant was entitled to a jury of twelve men.
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Appeal from Buchanan Circuit Court.S,ois. H .M. Ramey, Judge. (1) It was error to affirm part and reject part of tbe commissioners’ report. Railroad v. King, 58 Mo. 491. Tbe award allows $173.30 as value of tbe defendant’s property taken, damages at $100 and charged him with benefits at $183.30. Tbe evidence shows tbe value of tbe property taken at over $2,000, while tbe damages were about as much as tbe benefit. (2) Defendant was entitled to a jury of twelve men. Railroad v. Strong, 96 Mo. 611; Railroad v. Miller, 106 Mo. 458; Railroad v. Randolph Town Co., 103 Mo. 451; Railroad v. Alroth,…
1Opinion of the CourtBurgess, J.
This is a proceeding instituted by the •city of St. Joseph, a city of the second class, under the provisions of an act of the General Assembly of the State of Missouri, entitled “An act in relation to the condemnation of private property for public use in cities of the second class,” approved March 28, 1893 (Laws of 1893, p. 62), for the purpose of opening and extending Seventeenth street in that city.
After passing an ordinance in pursuance of the act, the ■city presented its petition to one of the judges of the circuit ■court of Buchanan county, in vacation, and thereupon a summons was…
2Cases cited8 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Newby v. Platte CountySupreme Court of Missouri · 1857
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Kansas City v. SmartSupreme Court of Missouri · 1895
- City of Kansas v. HillSupreme Court of Missouri · 1883
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- City of St. Louis v. SmithSupreme Court of Missouri · 1930
- State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
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- Sisters of Providence of St. Mary's of the Woods v. Lower Vein Coal Co.Indiana Supreme Court · 1926
- Albin v. Consolidated School DistrictNebraska Supreme Court · 1921
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