Rives v. City of Columbia
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe petition fails to state facts sufficient to constitute a cause of action, against tbe individual defendants; or rather its allegations show that tbe plaintiffs bad no cause of action against these defendants.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe petition fails to state facts sufficient to constitute a cause of action, against tbe individual defendants; or rather its allegations show that tbe plaintiffs bad no cause of action against these defendants. Tbe Lability of iai city to abutting property owners for damages occasioned by changing tbe natural surface of a street to an established grade rests, not upon any common law principle, but solely upon tbe provisions of tbe constitution of 1875. Prior to that time the city might change tbe natural surface of a…
1Opinion of the CourtEllison, J.
This action is for damage to plaintiffs’ property resulting from grading a street on which it abutted. The suit was brought against the defendant city and the individual defendants as mayor, street committee and street commissioner, who are charged to have aided in the work by participating and directing therein. The judgment in the trial court was for defendant city but against the individual defendants who appeal here for relief. The ground of the complaint is trespass, in that the city proceeded to excavate in front of plaintiff’s property without first ascertaining and paying the damages…
2Cases cited7 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Newby v. Platte CountySupreme Court of Missouri · 1857
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- Dooley v. City of KansasSupreme Court of Missouri · 1884
- Pacific Railroad v. ChrystalSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. State Highway Commission v. JonesSupreme Court of Missouri · 1929
- Faulkner v. City of NashvilleTennessee Supreme Court · 1926
- Faust v. PopeMissouri Court of Appeals · 1908
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
9 more not listed; retrieve them via the Exa API.