Creamer v. Bates
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This is a suit on a special tax-bill issued by tbe city engineer of the city of St. Louis, to defray in part the cost of constructing a street, under the city charter of the city of St. Louis.
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Appeal from St. Louis Circuit Court. This is a suit on a special tax-bill issued by tbe city engineer of the city of St. Louis, to defray in part the cost of constructing a street, under the city charter of the city of St. Louis. When the court undertakes to curtail the contractor’s work in price or measure, the gross amount of the reduction inures to the benefit of all the parties to the original assessment; and the gross sum of such reduction should either be deducted from the engineer’s original computation of the total cost, and the true cost of the work ascertained and distributed, or…
1Opinion of the CourtWagner, Judge
The court, sitting as a jury, tried the cause, and its finding of facts must be considered as conclusive here. The only important issue raised by the pleadings is in regard to the negligent. and unskillful manner in Avhich the work avqs done. I think there can be no doubt about the right of the city, under its charter and ordinances, to make the contract and assess the cost of the improvement against the property. The theory by Avhich the court declared the laAv in reference to damages is the only matter which Ave Avill revieAv.
There Avas evidence introduced going to shoAV that the Avork Avas…
2Cases cited2 opinions
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Lowe v. SinklearSupreme Court of Missouri · 1858
3Cited by11 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Hallett v. Board of County CommissionersSupreme Court of Colorado · 1907
- Cole v. SkrainkaMissouri Court of Appeals · 1889
- Gruetzner v. Aude Furniture Co.Missouri Court of Appeals · 1887
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