Stickford v. City of St. Louis
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Where separate and distinct causes of action are blended in one count, the plaintiff should be compelled to elect.— Otis v. Bank, 35 Mo. 128. And the objection may be taken by motion in arrest. — Hoagland v. Railroad Go., 39 Mo. 457. The buildings were not impaired, and only nominal damages can be recovered. — Smith v. Washington, 20 How. 135 ; St. Louis v. Gurno, 12 Mo. 414; Imler v. Springfield, 55 Mo. 119. The city is liable for any…
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Appeal from St. Louis Circuit Court. Where separate and distinct causes of action are blended in one count, the plaintiff should be compelled to elect.— Otis v. Bank, 35 Mo. 128. And the objection may be taken by motion in arrest. — Hoagland v. Railroad Go., 39 Mo. 457. The buildings were not impaired, and only nominal damages can be recovered. — Smith v. Washington, 20 How. 135 ; St. Louis v. Gurno, 12 Mo. 414; Imler v. Springfield, 55 Mo. 119. The city is liable for any damage occasioned by a change of grade. — Schumacher v. St. Louis, 3 Mo. App. 297. But one cause of action was stated..—…
1Opinion of the CourtLewis, P. J.
The plaintiffs are owners of a lot fronting on Fourteenth Street in the city of St. Louis, and also of a leasehold having about sixteen years to run, on a contiguous lot which fronts in like manner. Both lots are improved with permanent buildings which were erected several years before the injurious acts complained of, and in conformity with the existing grade established in 1858. In 1875, the city authorities adopted “An ordinance to approve the plans for bridges over the Union Depot and Pacific Railroad tracks on Twelfth and Fourteenth Streets, and to appropriate money for the construction…
2Cited by6 opinions
- Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Lamb v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
- Nokken v. Avery Manufacturing Co.North Dakota Supreme Court · 1903
- Atchison Ice Co. v. City of AtchisonSupreme Court of Kansas · 1951
- Chouteau v. City of St. LouisMissouri Court of Appeals · 1879
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