City ex rel. McGrath v. Clemens
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The second instruction asked by defendant and refused is as follows : “If the defendant sustained any damage from the way in which the city contracted for or directed the work to be done, or from the unskillful and improper manner in which the work in question was done, then defendant is entitled to recover such damages as may have accrued therefrom, as fully and completely as if the city was the plaintiff.” relied on City, to use, etc.,…
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Appeal from St. Louis Circuit Court. The second instruction asked by defendant and refused is as follows : “If the defendant sustained any damage from the way in which the city contracted for or directed the work to be done, or from the unskillful and improper manner in which the work in question was done, then defendant is entitled to recover such damages as may have accrued therefrom, as fully and completely as if the city was the plaintiff.” relied on City, to use, etc., v. Clemens, 36 Mo. 467.
1Opinion of the CourtWagner, Judge
This was a suit upon certified special tax-bills for the cost of gradming, macadamizing, guttering and curbing O’Eallon street, between ■'twenty-fourth and Twenty-fifth streets, in the city of St. Louis. The contract entered into between the city engineer and the respondent was to grade, macadamize, gutter and curb all that part of the street lying between Twenty-fourth street and Pratte ■avenue; but the work was only completed between Twenty-fourth and Twenty-fifth streets, adjoining the property of the appellant, when it was stopped, and the engineer made out and certified the special…
2Cases cited1 opinion
- Fowler v. City of St. JosephSupreme Court of Missouri · 1866
3Cited by20 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Neenan v. SmithSupreme Court of Missouri · 1872
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
- Kiley v. CranorSupreme Court of Missouri · 1873
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